Kenya Case Law

Nicholas Oracha Omeny & Michael Washington O. Onyango v Richard Olunga Migan & Pitalis Kaumba Migan

Nicholas Oracha Omeny & Michael Washington O. Onyango v Richard Olunga Migan & Pitalis Kaumba Migan [2018] KEELC 2046 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 210 of 2017

Judge

GMA Ongondo

The court held that the plaintiffs' originating summons was fatally defective for failing to annex a certified extract of the title to the land in question, as required by Order 37 Rule 7(2) of the Civil Procedure Rules, 2010. The court found that this omission was not curable under Article 159(2)(d) of the Constitution, Section 1A of the Civil Procedure Act, or Section 19(1) of the Environment and Land Court Act. The court relied on binding precedent, which established that the requirement to annex a certified extract of title is mandatory and non-compliance renders the originating summons i…

Source excerpt

• Adverse Possession
• Title Documentation
• Originating Summons Requirements
• Mandatory Procedural Compliance

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

Jimmy Mkala Kazungu v IEBC, Nuru Faraj & Bady Bady Twalib

Jimmy Mkala Kazungu v IEBC, Nuru Faraj & Bady Bady Twalib [2017] KEHC 2669 (KLR)

Court

High Court

Case number

Election Petition 9 of 2017

Judge

M Thande

The court found that the Petition failed to comply with the express and mandatory requirements of Rule 8(1) of the Elections (Parliamentary & County Elections) Petition Rules 2017, as it did not state the date of the election, the results, or the manner in which the results were declared in the body of the Petition. The court held that these omissions were substantive and not mere technicalities, and could not be cured by reference to the supporting affidavit or by invoking Article 159(2)(d) of the Constitution. The court further held that the time for amending the Petition had lapsed, render…

Source excerpt

• Election Petition Content Requirements
• Mandatory Procedural Compliance
• Striking Out Petitions
• Application Of Article 159
• Affidavit As Part Of Pleadings