Kenya Case Law

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 [2018] KEHC 8396 (KLR)

Court

High Court

Case number

Election Petition 1 of 2017

Judge

EM Muriithi

The court found that while there were irregularities in the conduct of the election—such as missing SD cards for five polling stations, unsigned or altered Forms 35A, and some procedural lapses—these did not materially affect the outcome of the election. The margin between the Petitioner and the 3rd Respondent remained greater than the total votes affected by the missing SD cards or other irregularities. The court held that the election was conducted in substantial compliance with the Constitution and electoral laws, and that the will of the people as expressed in the results should be upheld…

Source excerpt

• Election Irregularities
• Burden Of Proof
• Electoral Offences
• Electronic Voting Systems
• Scrutiny And Recount
• Statutory Compliance

Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission, Isaack Muhumed Mohamud Returning Officer Dadaab Constituency & Mohamed Dahir Duale

Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission, Isaack Muhumed Mohamud Returning Officer Dadaab Constituency & Mohamed Dahir Duale [2017] KEHC 2546 (KLR)

Court

High Court

Case number

Election Petition 7 of 2017

Judge

REA Ougo

Election petition ruling allowing access to Forms 35A and 35B, but declining recount, scrutiny, and KIEMS reports as premature and too generalized.

• Scrutiny Of Votes
• Access To Election Materials
• Burden Of Proof In Election Petitions
• Electronic Voting Systems
• Public Document Access
• Election-petitions