Kenya Case Law

Garama v Karisa & 3 others

Garama v Karisa & 3 others [2024] KESC 45 (KLR)

Court

Supreme Court

Case number

Petition (Application) E020 of 2023

Judges

MK Koome, MK Ibrahim, SC Wanjala, NS Ndungu, I Lenaola

The Supreme Court held that the application for review did not meet the exceptional circumstances required under Section 21A of the Supreme Court Act and Rule 28(5) of the Supreme Court Rules. The Court found that the applicant's grounds merely replicated arguments already canvassed and determined in the main judgment, and that no fraud, deceit, misrepresentation, or other qualifying ground for review was established. The Court reaffirmed its earlier analysis of the disjunctive test under Section 83 of the Elections Act, the standard of proof in election petitions, and the finality of polling…

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• Review Of Supreme Court Decisions
• Election Disputes
• Burden Of Proof In Election Petitions
• Scrutiny Of Votes
• Standard Of Proof
• Misrepresentation Of Facts

Kyalo & 2 others v Wanjohi & 7 others

Kyalo & 2 others v Wanjohi & 7 others [2023] KECA 948 (KLR)

Court

Court of Appeal

Case number

Election Petition Appeal E006 of 2023

Judges

MA Warsame, KI Laibuta, JM Mativo

The Court of Appeal held that while the appellants established the existence of irregularities and illegalities in the conduct of the Starehe Constituency parliamentary election, these were not of such magnitude as to substantially affect the results or undermine the integrity of the election. The court found that the trial judge exercised discretion properly in admitting late responses and refusing amendments or late affidavits, as the objections were raised after pre-trial and would have unjustly prejudiced the respondents. The court reaffirmed that the burden of proof lies with the petitio…

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• Election Irregularities
• Burden Of Proof
• Judicial Discretion
• Costs Award
• Scrutiny Of Votes

Kafow & another v Independent Electoral and Boundaries Commission & 2 others

Kafow & another v Independent Electoral and Boundaries Commission & 2 others [2023] KEHC 348 (KLR)

Court

High Court

Case number

Election Petition E003 of 2022

Judge

TW Cherere

The court found that the issue of scrutiny and recount was specifically pleaded in the petition, with the impugned polling stations clearly identified. The applicants set out their prayers and the information sought for scrutiny. The court held that the burden to demonstrate sufficient reason for scrutiny lies with the applicant, and that scrutiny is not a matter of course but must be justified by the pleadings and evidence. In this case, the court was satisfied that the applicants had established a sufficient basis for scrutiny and recount in the specified polling stations, as the applicatio…

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• Scrutiny Of Votes
• Recount Of Votes
• Pleadings And Procedural Requirements
• Burden Of Proof In Election Petitions
• Role Of Evidence In Election Disputes

Abdisalan v Abdi & 2 others

Abdisalan v Abdi & 2 others [2023] KEHC 17 (KLR)

Court

High Court

Case number

Election Petition E007 of 2022

Judge

RN Nyakundi

The court found that the applicant established a sufficient basis for limited scrutiny in specific polling stations where there were credible allegations of irregularities, including discrepancies between votes cast and voters identified, and failure by the returning officer to announce results in the presence of all candidates or their agents. The court emphasized that scrutiny is not automatic and must be confined to polling stations where disputes are properly pleaded and supported by evidence. The court held that the failure to announce results from five polling stations and the lack of o…

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• Scrutiny Of Votes
• Election Materials Preservation
• Pleadings And Evidence
• Polling Station Diaries
• Kiems Logs
• Tallying And Announcement Of Results

Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others

Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2023] KEHC 14 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

LW Gitari

High Court ruling on an election petition application for scrutiny and recount in Mandera North. The court limited scrutiny to specific polling stations where irregularities were pleaded.

• Scrutiny Of Votes
• Recount Of Votes
• Election Irregularities
• Use Of Kiems Kits
• Voter Bribery
• Polling Station Procedures

Musimba v Independent Electoral & Boundaries Commission & 2 others

Musimba v Independent Electoral & Boundaries Commission & 2 others [2022] KEHC 16664 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

JN Onyiego

The High Court dismissed an election petition application for countywide scrutiny and election-material access in the Makueni gubernatorial election for lack of specificity and basis.

• Scrutiny Of Votes
• Electoral Technology
• Manual Register Use
• Burden Of Proof In Election Petitions
• Specificity In Pleadings
• Judicial Discretion In Scrutiny

Getuba & another v Kibagendi & 2 others

Getuba & another v Kibagendi & 2 others [2022] KEHC 16575 (KLR)

Court

High Court

Case number

Election Petition E002 of 2022

Judge

M Thande

The court held that there is no mandatory requirement for an application for scrutiny and recount of votes to be in writing or accompanied by an affidavit. The legal foundation for scrutiny is section 82 of the Elections Act and rules 28 and 29 of the Elections (Parliamentary and County) Petition Rules, 2017. The right to scrutiny is not automatic; it is discretionary and must be supported by sufficient evidence showing that the irregularities complained of are specific, material, and capable of affecting the election result. The petitioners failed to specify the exact polling stations and th…

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• Scrutiny Of Votes
• Recount Of Votes
• Election Irregularities
• Burden Of Proof In Election Petitions
• Procedural Requirements For Scrutiny
• Judicial Discretion In Election Petitions

Panyako v Independent Electoral & Boundaries Commission & 2 others

Panyako v Independent Electoral & Boundaries Commission & 2 others [2022] KEHC 16443 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

RB Ngetich

The court held that scrutiny and recount in election petitions are not granted as a matter of course but must be based on specific allegations supported by evidence and confined to polling stations where results are disputed. The petitioner initially identified 45 polling stations but later sought to expand scrutiny to all stations without laying a specific basis for each. The court found the allegations of ballot stuffing and other irregularities to be generalized and unsupported by sufficient evidence for a blanket order. However, in view of the ballot stuffing allegations, the court allowe…

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• Scrutiny Of Votes
• Ballot Stuffing Allegations
• Polling Station Irregularities
• Burden Of Proof In Election Petitions
• Scope Of Scrutiny
• Timeliness Of Applications

Kwamboka v IEBC & 2 others

Kwamboka v IEBC & 2 others [2022] KEHC 16209 (KLR)

Court

High Court

Case number

Election Petition E004 of 2022

Judge

K Kimondo

The court found that the petitioner failed to lay a sufficient evidential basis for a county-wide or constituency-wide scrutiny and recount, as the application was overly broad and not confined to specifically disputed polling stations. The margin of votes between the petitioner and the 3rd respondent was not narrow, further undermining the justification for extensive scrutiny. However, the court identified specific polling stations where errors, omissions, or irregularities were sufficiently demonstrated by the evidence, warranting partial scrutiny and recount limited to those stations. The…

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• Scrutiny Of Votes
• Recount Procedure
• Burden Of Proof In Election Petitions
• Polling Station Results Finality
• Agent Rights And Obligations
• Judicial Discretion In Scrutiny

Katatha v Independent Electoral and Boundaries Commission & 2 others

Katatha v Independent Electoral and Boundaries Commission & 2 others [2022] KEHC 16092 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

RK Limo

The High Court in Machakos dismissed an election-petition application for scrutiny and recount, finding the applicant had not laid a sufficient factual basis.

• Scrutiny Of Votes
• Recount Of Votes
• Burden Of Proof In Election Petitions
• Pleading Requirements
• Threshold For Scrutiny
• Evidence In Election Disputes