Kenya Case Law

Arale v Independent Electoral and Boundaries Commission & 4 others

Arale v Independent Electoral and Boundaries Commission & 4 others [2024] KESC 51 (KLR)

Court

Supreme Court

Case number

Election Petition (Application) E026 of 2023

Judge

MK Ibrahim

The court held that while the Taxing Officer properly set out reasons for finding the claimed Ksh.3,500,000/- instruction fee excessive, she did not sufficiently justify the award of Ksh.600,000/-. However, considering the short duration of the appeal, the work done by the Applicants, and the discretionary nature of taxation, the court found the awarded sum fair and reasonable. The court emphasized that taxation is not a mathematical exercise and that the Taxing Officer's discretion should not be interfered with unless there is a clear error of principle or manifest injustice. The court also…

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• Taxation Of Costs
• Instruction Fees
• Judicial Discretion In Costs
• Cost Capping
• Election Petition Procedure

Mwakwaya v Thoya & 2 others

Mwakwaya v Thoya & 2 others [2024] KEHC 8938 (KLR)

Court

High Court

Case number

Election Petition 2 of 2017

Judge

SM Githinji

The High Court at Malindi dismissed an application to release Kshs. 500,000 security for costs in an election petition, holding it was not a surety payment.

• Security For Costs
• Release Of Deposit
• Election Petition Procedure
• Election-petitions
• Security-for-costs
• Elections-act

United Democratic Party & another v Independent Electoral and Boundaries Commission (IEBC) & 2 others

United Democratic Party & another v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2024] KECA 163 (KLR)

Court

Court of Appeal

Case number

Election Petition Appeal E017 of 2023

Judges

DK Musinga, K M'Inoti, M Ngugi

The Court of Appeal dismissed applications for certification to the Supreme Court, finding the issues raised were settled and largely concerned one applicant’s personal grievance.

• Appellate Jurisdiction
• General Public Importance
• Right Of Appeal
• Fair Hearing
• Election Petition Procedure
• Election-petitions

Kibet v United Democratic Alliance Party & another

Kibet v United Democratic Alliance Party & another [2023] KEHC 19973 (KLR)

Court

High Court

Case number

Constitutional Petition E001 of 2022

Judge

AC Mrima

The High Court struck out a constitutional petition challenging county assembly nomination and gazettement, holding the dispute belonged before the designated election court.

• Jurisdiction Of High Court
• Election Petition Procedure
• Nomination Disputes
• Gazettement Of Elected Members
• Election-petitions
• Jurisdiction

Chemtai v Independent Electoral Boundaries Commission & 4 others

Chemtai v Independent Electoral Boundaries Commission & 4 others [2023] KEHC 18031 (KLR)

Court

High Court

Case number

Petition E013 of 2022

Judge

REA Ougo

The court held that the gravamen of the petition was the nomination and subsequent gazettement of the 4th and 5th respondents as members of the County Assembly of Bungoma. Once nominees have been gazetted, they become members of the County Assembly, and any challenge to their membership must be brought by way of an election petition before a competent election court, not by constitutional petition. The court found that the petitioner’s claim, though framed as a constitutional petition, was in substance an election petition challenging the nomination process. The applicable legal framework, in…

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• Jurisdiction Of High Court
• Nomination Disputes
• Gazettement Of Members
• Election Petition Procedure

Mageto & another v Ngare & 4 others

Mageto & another v Ngare & 4 others [2023] KEHC 2378 (KLR)

Court

High Court

Case number

Petition E049 of 2022

Judge

OA Sewe

The court determined that the substance of the petition was a challenge to the validity of the 1st respondent’s nomination as a member of the County Assembly of Mombasa, which, following gazettement, constitutes an election dispute. By law, such disputes fall exclusively within the jurisdiction of the election court as provided under Section 75(1A) of the Elections Act. The High Court, sitting as a constitutional court, lacks jurisdiction to entertain the matter, regardless of how the petition is framed. The court relied on Supreme Court authority and statutory provisions to conclude that all…

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• Jurisdiction Of High Court
• Nomination Disputes
• Election Petition Procedure

United Democratic Movement v Independent Electoral and Boundaries Commission & 5 others; Farah & 4 others (Interested Parties)

United Democratic Movement v Independent Electoral and Boundaries Commission & 5 others; Farah & 4 others (Interested Parties) [2022] KEHC 14306 (KLR)

Court

High Court

Case number

Election Petition E443 of 2022

Judge

M Thande

The High Court lacks jurisdiction to hear and determine the petition challenging the gazettement of nominated members of the Mandera County Assembly. Upon gazettement, such members are deemed elected, and any challenge to their election must be brought by way of an election petition before a Resident Magistrate's Court designated by the Chief Justice, as provided under section 75(1A) of the Elections Act. The attempt to invoke the High Court's jurisdiction through a constitutional petition would create a parallel electoral dispute resolution regime, contrary to the sui generis mechanisms esta…

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• Jurisdiction Of High Court
• Election Dispute Resolution
• Nomination By Party List
• Gazettement Of Members
• Election Petition Procedure

Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae)

Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae) [2022] KESC 44 (KLR)

Court

Supreme Court

Case number

Presidential Election Petition E005 of 2022

Judges

MK Koome, PM Mwilu, MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola, W Ouko

The Supreme Court of Kenya admitted three applicants as amici curiae in Presidential Election Petition E005 of 2022, finding their brief met the required test.

• Amicus Curiae Admission
• Election Petition Procedure
• Standards For Joinder
• Amicus-curiae
• Election-petition-procedure
• Supreme-court-procedure

Independent Electoral and Boundaries Commission & Bilha Kiptugen v Christine Nafula Soita Tanguli & Janet Nangabo Wanyama

Independent Electoral and Boundaries Commission & Bilha Kiptugen v Christine Nafula Soita Tanguli & Janet Nangabo Wanyama [2020] KEHC 8313 (KLR)

Court

High Court

Case number

Miscellaneous Application 46 of 2018

Judge

HK Chemitei

The High Court at Kitale held that Article 105(2)’s six-month limit applies to election petitions, not post-petition taxation, and allowed late filing of a reference.

• Enlargement Of Time
• Taxation Of Costs
• Election Petition Procedure
• Jurisdiction Of High Court
• Enlargement-of-time
• Taxation-of-costs

Musa Cherutich Sirma v Independent Electoral and Boundaries Commission (I.E.B.C), Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria) & Moses Lessonet

Musa Cherutich Sirma v Independent Electoral and Boundaries Commission (I.E.B.C), Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria) & Moses Lessonet [2019] KEHC 9780 (KLR)

Court

High Court

Case number

Election Petition 1 of 2017

Judge

EM Muriithi

The High Court declined a motion for stay in an election petition after the Supreme Court had finally determined the related appeal, rendering the request moot.

• Stay Of Proceedings
• Finality Of Supreme Court Decisions
• Costs Orders
• Election Petition Procedure
• Election-petitions
• Stay-of-proceedings