Kenya Case Law

Ondari v Mangera & 2 others

Ondari v Mangera & 2 others [2024] KECA 205 (KLR)

Court

Court of Appeal

Case number

Election Petition Civil Application E015 of 2024

Judge

JM Ngugi

The application for extension of time to file an appeal was dismissed because the delay of 61 days after the Supreme Court's order was found to be inordinate and unexplained, especially given the strict statutory timelines governing electoral disputes. The applicant failed to provide any justification for this delay beyond blaming his advocate for the initial error. Furthermore, the Court of Appeal reaffirmed that it lacks jurisdiction to entertain a second appeal from the High Court regarding the validity of election of a Member of County Assembly, as established by both Supreme Court and Co…

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• Extension Of Time
• Electoral Dispute Timelines
• Jurisdiction Of Court Of Appeal
• Mistake Of Counsel
• Public Interest In Election Disputes

Gathoni v Independent Electoral & Boundaries Commission & 4 others

Gathoni v Independent Electoral & Boundaries Commission & 4 others [2023] KEHC 20214 (KLR)

Court

High Court

Case number

Election Petition Appeal E001 of 2023

Judge

AK Ndung'u

The court found that the applicant failed to provide satisfactory evidence or explanation for the delay in filing the record of appeal, such as correspondence or a certificate of delay to demonstrate efforts to obtain the decree. The applicant's reliance on the absence of a certified decree was undermined by established precedent that failure to include a decree is not fatal if the judgment is on record. The court emphasized the strict timelines governing electoral disputes and the public interest in their expeditious resolution. The delay in both filing the record of appeal and the applicati…

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• Extension Of Time
• Filing Of Record Of Appeal
• Procedural Timelines
• Prejudice To Parties
• Public Interest In Election Disputes

Okumali v Independent Electoral and Boundaries Commission & 2 others

Okumali v Independent Electoral and Boundaries Commission & 2 others [2023] KEHC 3337 (KLR)

Court

High Court

Case number

Election Petition Appeal E005 of 2023

Judge

SC Chirchir

The court held that under Rule 29(1) of the Elections (Parliamentary and County) Petition Rules, 2017, an election petition or appeal abates upon the death of the person whose election is being contested. The court distinguished the earlier position under the 2013 Rules, which allowed petitions to proceed despite the death of the respondent, noting that the 2017 Rules are clear and mandatory in requiring abatement. The court acknowledged the appellant's argument that election petitions are actions in rem and involve constitutional and electoral issues, but found that the statutory framework g…

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• Abatement Of Election Petition
• Death Of Candidate
• Interpretation Of Election Petition Rules
• Public Interest In Election Disputes

Baridi Felix Mbevo v Musee Mati, Returning Officer Kitui West Constituency & Independent Electoral and Boundaries Commission

Baridi Felix Mbevo v Musee Mati, Returning Officer Kitui West Constituency & Independent Electoral and Boundaries Commission [2018] KEHC 8093 (KLR)

Court

High Court

Case number

Election Appeal 1 of 2018

Judge

LN Mutende

The High Court at Kitui held that status quo should be maintained pending the election appeal, dismissing an application to vacate ex parte stay orders.

• Stay Of Execution
• Jurisdiction Of Appellate Court
• Public Interest In Election Disputes
• Status Quo Orders
• Election-petitions
• Stay-of-execution

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

Rishad Hamid Ahmed v Independent Electoral & Boundaries Commission, Abdallah Mwarua Chikophe & Stanley Muiruri Muthama

Rishad Hamid Ahmed v Independent Electoral & Boundaries Commission, Abdallah Mwarua Chikophe & Stanley Muiruri Muthama [2017] KEHC 3012 (KLR)

Court

High Court

Case number

Election Petition 1 of 2017

The High Court at Malindi allowed respondents to file late responses to an election petition, holding that Rule 19 permits extension of time where justice requires it.

• Extension Of Time
• Jurisdiction Of Election Court
• Procedural Timelines
• Public Interest In Election Disputes
• Extension-of-time
• Election-petitions

David Kerario Marwa v Boaz Awiti Okoth & Clerk To County Assembly of Migori

David Kerario Marwa v Boaz Awiti Okoth & Clerk To County Assembly of Migori [2017] KEHC 3102 (KLR)

Court

High Court

Case number

Election Petition 10 of 2017

Judge

AC Mrima

The High Court held it had jurisdiction over a challenge to a county assembly speaker election framed as constitutional rights issues, and vacated prior interim orders.

• County Assembly Speaker Election
• Jurisdiction Of High Court
• Interim Injunctions
• Non Disclosure Of Material Facts
• Separation Of Powers
• Public Interest In Election Disputes

MILKAH NANYOKIA MASUNGO V ROBERT WEKESA MWEMBE & 2 OTHERS

MILKAH NANYOKIA MASUNGO V ROBERT WEKESA MWEMBE & 2 OTHERS [2013] KEHC 3477 (KLR)

Court

High Court

Case number

Election Petition 1 of 2013

Judge

F Gikonyo

The High Court determined that while it does not have jurisdiction to hear and determine an election petition challenging the election of a member of county assembly, it retains the constitutional power to transfer such a petition, wrongly filed before it, to the appropriate Resident Magistrate's Court. This power is rooted in the High Court's supervisory and constitutional mandate to promote access to justice and serve the public interest, particularly in election disputes which are of a public character. The court rejected the argument that the absence of an express statutory provision prec…

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• Jurisdiction Of High Court
• Transfer Of Election Petitions
• Public Interest In Election Disputes
• Access To Justice
• Security For Costs
• Interpretation Of Constitution

MILKAH NANYOKIA MASUNGO V ROBERT WEKESA MWEMBE 2 OTHERS

MILKAH NANYOKIA MASUNGO V ROBERT WEKESA MWEMBE 2 OTHERS [2013] KEHC 2720 (KLR)

Court

High Court

Case number

Election Petition 1 of 2013

Judge

F Gikonyo

The High Court determined that while it does not have jurisdiction to hear and determine an election petition challenging the election of a member of county assembly, it retains the constitutional power to transfer such a petition to the appropriate court in the interest of justice. The court emphasized that election petitions are public-interest disputes and should be approached with a purposive interpretation of the law, guided by the Constitution's principles of access to justice and substantial justice. The court rejected the argument that the High Court is entirely devoid of jurisdiction…

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• Jurisdiction Of High Court
• Transfer Of Election Petitions
• Public Interest In Election Disputes
• Access To Justice
• Security For Costs
• Interpretation Of Constitution