Kenya Case Law

Dickson Karani Yaa v Independent Electoral and Boundaries Commission, Abdiwahid Hussein – Returning Officer Kilifi North Constituency & Emmanuel Changawa Kombe

Dickson Karani Yaa v Independent Electoral and Boundaries Commission, Abdiwahid Hussein – Returning Officer Kilifi North Constituency & Emmanuel Changawa Kombe [2017] KEMC 54 (KLR)

Court

Magistrate's Court

Case number

Election Petition 2 of 2017

The court dismissed an application to strike out an election petition, holding that the petition and annexed Form 36B sufficiently complied with pleading rules.

• Election Petition Format
• Pleading Requirements
• Rule 8 1 Election Rules
• Affidavit Compliance
• Declaration Of Results
• Annexure Of Statutory Forms

William kinyanyi Onyango v Independent Electoral And Boundaries Commission, Returning Officer Kariobangi South Uhuru Ward & Robert Mbatia

William kinyanyi Onyango v Independent Electoral And Boundaries Commission, Returning Officer Kariobangi South Uhuru Ward & Robert Mbatia [2013] KEHC 2082 (KLR)

Court

High Court

Case number

Election Appeal 2 of 2013

Judge

K Kimondo

The High Court allowed an election appeal, set aside a ruling striking out the petition, and reinstated the petition for hearing before a different magistrate.

• Election Petition Format
• Mandatory Content Requirements
• Liberal Vs Strict Interpretation
• Procedural Fairness
• Costs In Election Petitions
• Election-petitions

Ismail Suleman Abdi Nur Ismail Abdrahman Ali Godfrey Muriera Adan Abakula Hussein Ali Warsame Jackson Nyambuti Kengele Lawrence Akwima Kirima Halima Nur Elmi Jaldesa Tuke Dabello v Independent Electoral And Boundaires Commission , Mohamed Abdi Kuti, Chapfano Guyo Mokku & Abdirahman Abdullahi Ismail

Ismail Suleman Abdi Nur Ismail Abdrahman Ali Godfrey Muriera Adan Abakula Hussein Ali Warsame Jackson Nyambuti Kengele Lawrence Akwima Kirima Halima Nur Elmi Jaldesa Tuke Dabello v Independent Electoral And Boundaires Commission , Mohamed Abdi Kuti, Chapfano Guyo Mokku & Abdirahman Abdullahi Ismail [2013] KEHC 3081 (KLR)

Court

High Court

Case number

Petition 3 of 2013

The court found that the petition was fatally defective and incurably incompetent for several reasons: (1) it was signed by only one petitioner without authority from the other nine, contrary to the mandatory requirements of the Elections Petition Rules; (2) the supporting affidavits were either not properly commissioned, referred to the wrong petition, or omitted necessary parties, rendering them invalid; (3) the petition failed to state the election results and manner of declaration, which are essential particulars under Rule 10; (4) the inclusion of interested parties was not permitted by…

Source excerpt

• Election Petition Format
• Mandatory Content Requirements
• Jurisdiction Of Election Court
• Amendment Of Petition
• Affidavit Requirements
• Striking Out Petitions

William Kinyanyi Onyango v The Independent Electoral And Boundary Commission,Returning Officer Uhuru Ward & Robert Mbatia

William Kinyanyi Onyango v The Independent Electoral And Boundary Commission,Returning Officer Uhuru Ward & Robert Mbatia [2013] KEMC 17 (KLR)

Court

Magistrate's Court

Case number

Election Petition 1 of 2013

The court found that the petitioner failed to comply with the mandatory requirements of Rule 10(1)(a) and (c) of the Elections (Parliamentary and County Elections) Petition Rules, 2013, by not providing his address and by omitting the declared election results in the petition. The court held that these omissions are not mere technicalities but go to the substance of the petition, rendering it incurably defective and fatally incompetent. The court emphasized that while Article 159(2)(d) of the Constitution requires justice to be administered without undue regard to procedural technicalities, i…

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• Election Petition Format
• Mandatory Pleading Requirements
• Non Compliance With Rules
• Bribery As Election Ground

JAYNE NJERI WANJIRU KIHARA V CHRISTOPHER L. AJELE (Returning Officer of Naivasha Constituency), ELECTORAL COMMISSION OF KENYA & JOHN MICHAEL NJENGA MUTUTHO

JAYNE NJERI WANJIRU KIHARA V CHRISTOPHER L. AJELE (Returning Officer of Naivasha Constituency), ELECTORAL COMMISSION OF KENYA & JOHN MICHAEL NJENGA MUTUTHO [2008] KEHC 1500 (KLR)

Court

High Court

Case number

Election Petition 2 of 2008

Judge

FI Koome

The court held that the omissions in the petition—specifically, the failure to state the results of the election and the names of all candidates—were technical irregularities that did not go to the substance of the petition or deprive the court of jurisdiction. The court found that the petitioner had provided the available results and names in the answer to the request for particulars, and that any inadequacy in particulars could be remedied by seeking further and better particulars, not by striking out the petition. The court emphasized that its primary duty is to do justice and inquire into…

Source excerpt

• Election Petition Format
• Mandatory Statutory Requirements
• Striking Out Proceedings
• Technicalities Vs Substance
• Jurisdiction Of Election Court