Kenya Case Law

Faith Mwende Kasyoka v Independent Electoral & Boundaries Commission,Sudi Masha & Dadu David Kadenge

Faith Mwende Kasyoka v Independent Electoral & Boundaries Commission,Sudi Masha & Dadu David Kadenge [2018] KEHC 4813 (KLR)

Court

High Court

Case number

Election Petition 02 of 2018

Judge

AW Mwangi

The High Court found that the appellant had complied with Rule 8(1)(c) and (d) of the Election Petition Rules by disclosing the date of declaration and the election results in her supporting affidavit, despite an erroneous annexure. The court held that, following the Court of Appeal's guidance in Martha Karua and Mbaraka Issa Kombe, the presence of election results in the affidavits or pleadings of any party satisfies the rule's requirements. The striking out of the petition was therefore unjustified. On costs, the court found the lower court's award excessive given the limited work done and…

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• Election Petition Content Requirements
• Striking Out Petitions
• Costs Awards
• Interpretation Of Election Petition Rules

Shukra Hussein Gure v Independent Electoral and Boundaries Commission, Country Returning Officer of Independent Electoral and Boundaries Commission & Anab Gure Mohamed

Shukra Hussein Gure v Independent Electoral and Boundaries Commission, Country Returning Officer of Independent Electoral and Boundaries Commission & Anab Gure Mohamed [2017] KEHC 1611 (KLR)

Court

High Court

Case number

Election Petition 5 of 2017

The High Court dismissed two interlocutory applications in an election petition, holding that security for costs had been deposited in time and that the petition substantially complied with rule 8.

• Security For Costs
• Election Petition Content Requirements
• Striking Out Petitions
• Procedural Compliance
• Judicial Discretion
• Costs Orders

Martha Wangari Karua & Joseph Gachoki Gitari v Independent Electoral & Boundaries Commission, Seki Lempaka, Ann Waiguru & Peter Ndambiri

Martha Wangari Karua & Joseph Gachoki Gitari v Independent Electoral & Boundaries Commission, Seki Lempaka, Ann Waiguru & Peter Ndambiri [2017] KEHC 2360 (KLR)

Court

High Court

Case number

Election Petition 2 of 2017

Judge

LW Gitari

The High Court struck out an election petition for failing to state the election results and date of declaration, holding the omissions were fatal and not curable by Article 159.

• Election Petition Content Requirements
• Mandatory Procedural Compliance
• Jurisdictional Thresholds
• Public Interest In Election Disputes
• Election-petition
• Rule-8-compliance

Mwahima Mwalimu Masudi v Independent Electoral and Boundaries Commission, Luciana Sanzua, the Returning Officer Of Likoni Constituency of the Independent Electoral and Boundaries Commission, Presiding Officers of Majengo Mapya/Muzdalifa Polling Stations, Likoni Constituency of the Independent Electoral and Boundaries Commission & Mboko Mishi Juma Khamis

Mwahima Mwalimu Masudi v Independent Electoral and Boundaries Commission, Luciana Sanzua, the Returning Officer Of Likoni Constituency of the Independent Electoral and Boundaries Commission, Presiding Officers of Majengo Mapya/Muzdalifa Polling Stations, Likoni Constituency of the Independent Electoral and Boundaries Commission & Mboko Mishi Juma Khamis [2017] KEHC 2259 (KLR)

Court

High Court

Case number

Election Petition 4 of 2017

Judge

DO Ogembo

The court found that while the petition and supporting affidavit did not expressly state the results of the election or the manner in which they were declared, the results were annexed as Form 35B to the supporting affidavit. The court held that annexures form part of the pleadings, and that the omission did not cause prejudice to the respondents or prevent them from defending the petition. The court further held that the use of the word 'shall' in Rules 8 and 12 creates a mandatory obligation, but that Rule 5 and Article 159(2)(d) confer discretion on the court to overlook lapses that do not…

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• Election Petition Content Requirements
• Procedural Compliance
• Striking Out Petitions
• Affidavit Requirements

Mbaraka Issa Kombo v Independent Electoral and Boundaries Commission,Wafula Chebukati, Ganze Sub-County Returning Officer & Teddy Mwambire

Mbaraka Issa Kombo v Independent Electoral and Boundaries Commission,Wafula Chebukati, Ganze Sub-County Returning Officer & Teddy Mwambire [2017] KEHC 2654 (KLR)

Court

High Court

Case number

Election Petition 10 of 2017

Judge

CA Otieno

The court found that the petitioner failed to comply with the mandatory requirements of Rules 8(1)(c)&(d) and 12(2)(c)&(d) of the Elections (Parliamentary and County Elections) Petition Rules by not stating the full results for all candidates and the date of declaration of results in both the petition and the supporting affidavit. The court held that these omissions are not mere technicalities but go to the root of the petition, rendering it incurably defective. The court further held that Article 159(2)(d) of the Constitution cannot be invoked to cure such substantive defects. Consequently,…

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• Election Petition Content Requirements
• Mandatory Pleadings
• Striking Out Petitions
• Timeliness Of Election Disputes

Tom Onyango Agimba v Independent Electoral and Boundaries Commission, Returning Officer, Embakasi West Constituency & George Theuri

Tom Onyango Agimba v Independent Electoral and Boundaries Commission, Returning Officer, Embakasi West Constituency & George Theuri [2017] KEHC 9495 (KLR)

Court

High Court

Case number

Election Petition 18 of 2017

Judge

OA Sewe

The court found that the errors in the petition—incorrect references to the petitioner's name and the constituency—were typographical and arose from a mix-up by the petitioner's law firm, which was acting for two different clients in similar matters. The substance of the petition, as evidenced by the heading, supporting affidavit, and annexures, clearly related to Tom Onyango Agimba and Embakasi West Constituency. The court held that these errors did not cause confusion or prejudice to the respondents, who had responded to the petition with full knowledge of its true subject. The court emphas…

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• Election Petition Content Requirements
• Amendment Of Pleadings
• Procedural Technicalities
• Typographical Errors In Pleadings

Jimmy Mkala Kazungu v IEBC, Nuru Faraj & Bady Bady Twalib

Jimmy Mkala Kazungu v IEBC, Nuru Faraj & Bady Bady Twalib [2017] KEHC 2669 (KLR)

Court

High Court

Case number

Election Petition 9 of 2017

Judge

M Thande

The court found that the Petition failed to comply with the express and mandatory requirements of Rule 8(1) of the Elections (Parliamentary & County Elections) Petition Rules 2017, as it did not state the date of the election, the results, or the manner in which the results were declared in the body of the Petition. The court held that these omissions were substantive and not mere technicalities, and could not be cured by reference to the supporting affidavit or by invoking Article 159(2)(d) of the Constitution. The court further held that the time for amending the Petition had lapsed, render…

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• Election Petition Content Requirements
• Mandatory Procedural Compliance
• Striking Out Petitions
• Application Of Article 159
• Affidavit As Part Of Pleadings

Evans Nyambaso Zedekiah & Mabutu Nyakeriga v Independent Electoral and Boundaries Commission,Shem Nyanga’u & Mary Sally Keraa Alias Mary Sally Otara

Evans Nyambaso Zedekiah & Mabutu Nyakeriga v Independent Electoral and Boundaries Commission,Shem Nyanga’u & Mary Sally Keraa Alias Mary Sally Otara [2013] KEHC 1037 (KLR)

Court

High Court

Case number

Election Petition 10 of 2013

The court found that the petitioners failed to effect personal service of the petition upon the 3rd Respondent as required by law, and the evidence presented by the process server was inconsistent and unreliable. The court held that service of the petition is a mandatory requirement, and non-service deprives the respondent of the right to a fair hearing. The court further found that the security for costs was deposited outside the statutory period, and no application for extension or validation was made. The statutory framework does not permit the court to extend time for depositing security,…

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• Service Of Process
• Security For Costs
• Election Petition Content Requirements

RICHARD N. KALEMBE NDILE v PATRICK MUSIMBA MWEU & 2 others

RICHARD N. KALEMBE NDILE v PATRICK MUSIMBA MWEU & 2 others [2013] KEHC 3484 (KLR)

Court

High Court

Case number

Election Petition 1 of 2013

Judge

DAS Majanja

The court held that while the results of the election are an essential averment in an election petition, failure to state them in the petition is not fatally defective under rule 10(1)(c) of the Elections (Parliamentary and County Elections) Petition Rules, 2013. The court reasoned that the current legal framework, including the requirement for supporting affidavits and the delivery of election results to the Registrar, ensures that all parties and the court have access to the necessary information to adjudicate the dispute. The court emphasized the overriding objective of the Rules and the c…

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• Election Petition Content Requirements
• Mandatory Vs Directory Provisions
• Striking Out Petitions
• Affidavit Evidence In Election Petitions

John Michael Njenga Mututho v Jayne Njeri Wanjiku Kihara & 2 others

John Michael Njenga Mututho v Jayne Njeri Wanjiku Kihara & 2 others [2008] KECA 338 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 102 of 2008

The Court of Appeal held that an election petition must state the election results, including votes cast, and struck out a petition that omitted them.

• Election Petition Content Requirements
• Mandatory Vs Directory Provisions
• Striking Out Petitions
• Jurisdictional Defects
• Particularization Of Results
• Election-petition-content-requirements