Kenya Case Law

Salim Mweni Athman v Independent Electoral & Boundaries Commisssion (I.E.B.C),Sudi Masha & Mramba Nixon Charo

Salim Mweni Athman v Independent Electoral & Boundaries Commisssion (I.E.B.C),Sudi Masha & Mramba Nixon Charo [2017] KEMC 55 (KLR)

Court

Magistrate's Court

Case number

Election Petition 5 of 2017

The court struck out an election petition for failure to deposit security for costs and for omitting the election results and declaration date from the pleadings.

• Security For Costs
• Pleading Requirements
• Affidavit Compliance
• Disclosure Of Results
• Jurisdictional Thresholds
• Election-petitions

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

Parag Bhabwanjighai Savani v Jitu Tribhovanshai Savani, Pvrv Rao & Shiv Savani

Parag Bhabwanjighai Savani v Jitu Tribhovanshai Savani, Pvrv Rao & Shiv Savani [2017] KECA 218 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 98 of 2016

Judges

J Wakiaga, RN Nambuye, GK Oenga

The Court of Appeal held that the High Court lacked jurisdiction to grant the inspection and injunctive orders sought by Jitu because he did not meet the statutory threshold of holding at least 10% of the shares in the companies, as required by section 165 of the Companies Act. The Court further found that section 166 was not engaged, as there was neither a special resolution by the companies nor a report from the Registrar of Companies. The Court criticized the High Court for failing to respect the principle of judicial non-interference in company management (Foss v Harbottle), for entertain…

Source excerpt

• Company Inspection Orders
• Minority Shareholder Rights
• Jurisdictional Thresholds
• Abuse Of Process
• Injunctive Relief
• Judicial Discretion