Kenya Case Law

Kombe v Karisa & 3 others

Kombe v Karisa & 3 others [2024] KESC 25 (KLR)

Court

Supreme Court

Case number

Petition E020 of 2023

Judges

MK Ibrahim, SC Wanjala, NS Ndungu, I Lenaola, W Ouko

The Supreme Court held that it had jurisdiction under Article 163(4)(a) as the appeal raised constitutional questions regarding the conduct of elections under Articles 81 and 86. The Court affirmed that section 83 of the Elections Act is to be applied disjunctively, meaning that proof of either substantial non-compliance with constitutional principles or that irregularities affected the result is sufficient for nullification. The Court found that the 1st respondent had discharged the burden of proof by establishing non-compliance with the Constitution and electoral law, particularly through u…

Source excerpt

• Election Nullification
• Burden Of Proof
• Standard Of Proof
• Electoral Irregularities
• Constitutional Compliance
• Scrutiny And Recount

Kuto v Kenya Magistrates and Judges Association; Independent Electoral and Boundaries Commission & another (Interested Parties)

Kuto v Kenya Magistrates and Judges Association; Independent Electoral and Boundaries Commission & another (Interested Parties) [2023] KEHC 26157 (KLR)

Court

High Court

Case number

Petition E422 of 2023

Judge

EC Mwita

The court found that the respondent's decision to reopen the nomination process and reschedule the election was justified to correct an administrative error where some members, including the 2nd interested party, did not receive nomination forms. The petitioner could not claim to be validly re-elected when the process was tainted by irregularity, and no rule expressly prohibited the national council from acting in such circumstances. The petitioner's rights to fair administrative action and legitimate expectation were not violated, as he was present at all relevant meetings and the expectatio…

Source excerpt

• Fair Administrative Action
• Legitimate Expectation
• Freedom Of Association
• Electoral Irregularities

Garama v Karisa & 3 others

Garama v Karisa & 3 others [2023] KECA 974 (KLR)

Court

Court of Appeal

Case number

Election Petition Appeal 1 of 2023

Judges

SG Kairu, JW Lessit, GV Odunga

The Court of Appeal held that the High Court correctly found that the election for Member of the National Assembly for Magarini Constituency was not conducted in accordance with the Constitution and the law. The cumulative effect of several irregularities—including the unlawful opening of ballot boxes and recount at the tallying centre without all agents present, alterations of results without proper countersigning, and other admitted errors—compromised the transparency, accountability, and verifiability of the election process. While some irregularities might have been minor if considered in…

Source excerpt

• Electoral Irregularities
• Burden Of Proof
• Vote Recount And Scrutiny
• Interpretation Of Section 83 Elections Act
• Costs In Election Petitions
• Standards Of Proof

Moi & 2 others v Libombolo

Moi & 2 others v Libombolo [2023] KEHC 20471 (KLR)

Court

High Court

Case number

Election Petition Appeal E002 of 2023

Judge

PJO Otieno

The High Court, sitting as a first appellate court, found that the trial court failed to properly frame and determine whether the proven irregularities and malpractices affected the outcome of the Lugari Ward election as required by section 83 of the Elections Act. The court held that the alleged profiling was not attributable to the 1st appellant and was not shown to have influenced the election result. The exclusion of agents at four polling stations, even if proven, could not invalidate the election under the applicable regulations. The assault allegations were not linked to any party or s…

Source excerpt

• Election Nullification
• Burden And Standard Of Proof
• Electoral Irregularities
• Profiling In Elections
• Admission Of Agents
• Ballot Box Handling

Mogusu & another v Kebaso & 6 others

Mogusu & another v Kebaso & 6 others [2023] KEHC 19688 (KLR)

Court

High Court

Case number

Election Petition Appeal E006 of 2023

Judge

HK Chemitei

The High Court upheld nullification of a Nyansiongo Ward MCA election after scrutiny showed tampering with Form 36A, but altered the costs order.

• Scrutiny And Recount
• Burden Of Proof
• Costs In Election Petitions
• Nullification Of Election
• Electoral Irregularities
• Election-petitions

Gitene v Omweri & 2 others

Gitene v Omweri & 2 others [2023] KEHC 19285 (KLR)

Court

High Court

Case number

Election Appeal E001 of 2023

Judge

JN Kamau

The court found that the appellant failed to establish a sufficient legal or factual basis for the grant of scrutiny and recount, as his pleadings and evidence lacked specificity regarding the polling stations and election materials in dispute. The court held that the alleged irregularities, including the use of the KIEMS Kit alongside the manual register, missing ballot box seals, and agent ejection, were either not substantiated by credible evidence or did not materially affect the outcome of the election. The court emphasized that minor administrative errors or irregularities, unless shown…

Source excerpt

• Scrutiny And Recount
• Electoral Irregularities
• Use Of Kiems Kit
• Burden And Standard Of Proof
• Costs In Election Petitions
• Role Of Agents

Wanjohi & 2 others v Independent Electoral and Boundaries Commission & 3 others

Wanjohi & 2 others v Independent Electoral and Boundaries Commission & 3 others [2023] KEHC 1873 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

M Muya

The court found that while there were irregularities, illegalities, and non-compliance with the law in the conduct of the Starehe Constituency National Assembly election, these were procedural or administrative in nature and not of such magnitude as to seriously undermine or affect the election result. The court accepted the respondents' explanations for missing forms and ballot boxes, and found that the petitioners failed to prove, to the required standard, that the irregularities affected the outcome. Allegations of voter bribery and violence were not substantiated to the criminal standard…

Source excerpt

• Electoral Irregularities
• Voter Bribery
• Procedural Non Compliance
• Burden Of Proof
• Scrutiny And Recount
• Nullification Threshold

Kidero & another v Independent Electoral and Bounderies Commission & 4 others

Kidero & another v Independent Electoral and Bounderies Commission & 4 others [2023] KEHC 1570 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

RE Aburili

The court found that the petitioners failed to prove, to the required standard, that the Homabay gubernatorial election was not conducted in accordance with the Constitution and electoral laws. The court held that while there were isolated incidents of violence and minor irregularities in some polling stations, these were not widespread, systematic, or substantial enough to affect the outcome or integrity of the election. The scrutiny and recount exercise did not reveal material discrepancies or evidence of ballot stuffing, vote padding, or agent exclusion that would warrant nullification. Th…

Source excerpt

• Gubernatorial Election Disputes
• Electoral Irregularities
• Vote Padding And Ballot Stuffing
• Agent Access And Polling Station Procedure
• Bribery And Undue Influence
• Violence And Voter Suppression

Kerembu & another v Independent Electoral and Boundaries Commission & 4 others

Kerembu & another v Independent Electoral and Boundaries Commission & 4 others [2023] KEHC 1491 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

JN Mulwa

The court found that the petitioners failed to discharge the legal and evidential burden of proof required to impugn the Kajiado gubernatorial election. The evidence presented was largely hearsay, unsubstantiated, or recanted under cross-examination. Scrutiny and recount confirmed the accuracy and integrity of the results, with only minor, explainable errors that did not affect the outcome. The court held that the alleged irregularities and illegalities were not of such magnitude as to affect the result or the integrity of the election. The legal principles applied require that only substanti…

Source excerpt

• Gubernatorial Election Disputes
• Burden And Standard Of Proof
• Electoral Irregularities
• Voter Bribery
• Scrutiny And Recount
• Costs In Election Petitions

Abdisalan v Abdi & 2 others

Abdisalan v Abdi & 2 others [2023] KEHC 1508 (KLR)

Court

High Court

Case number

Election Petition E007 of 2022

Judge

RN Nyakundi

The court found that while there were administrative and procedural irregularities in the conduct of the Wajir North Constituency parliamentary election, including the failure to announce results for five polling stations at the gazetted tallying centre and some errors in the completion of statutory forms, these did not amount to substantial non-compliance with the law nor did they affect the outcome of the election. The scrutiny ordered by the court confirmed that the results as declared were consistent with the results recorded at the polling stations. The petitioner failed to discharge the…

Source excerpt

• Electoral Irregularities
• Burden Of Proof
• Tallying And Declaration Of Results
• Compliance With Electoral Law
• Scrutiny Of Election Materials
• Costs In Election Petitions