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Election Petitions [2017] KEHC 869 (KLR)

Stephen M Mogaka v Independent Electoral & Boundaries Commission (IEBC), Vincent Kemosi Mogaka & Returning Officer- West Mugirango Constituency

Stephen M Mogaka v Independent Electoral & Boundaries Commission (IEBC), Vincent Kemosi Mogaka & Returning Officer- West Mugirango Constituency [2017] KEHC 869 (KLR)

Court
High Court
Case number
Election Petition 2 of 2017
Judge
AN Makau

The court found that the affidavits in support of the petition, including that of the petitioner and his witnesses, were commissioned by an advocate who, according to credible and current records from the Law Society of Kenya, was practicing in the same firm that drew and filed the petition. This contravened Section 4(1) of the Oaths and Statutory Declarations Act, which prohibits a commissioner for oaths from commissioning documents in matters where they are the advocate or have an interest. The court held that affidavits commissioned in breach of this provision are incurably defective and m…

Source excerpt

  • Commissioning Of Affidavits
  • Striking Out Of Petition
  • Jurisdiction Of High Court
  • Timelines For Election Petitions
  • Professional Ethics Of Advocates
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Election Petitions [2005] KEHC 2891 (KLR)

Robert Nelson Ngethe v Mbogori Njeru; James Njenga Karume

Robert Nelson Ngethe v Mbogori Njeru; James Njenga Karume [2005] KEHC 2891 (KLR)

Court
High Court
Case number
Election Petition 5 of 2005

The court found that the order of 30th April, 2003 directing the petitioner to supply particulars within 30 days was general and did not specify the nature or content of the particulars required. The 2nd respondent's request for particulars was excessively prolix, comprising over 500 questions, many of which were academic, abstract, or would require the petitioner to provide evidence or legal submissions prematurely. The court held that such prolixity undermines the merits of the petition and is not justified. The court further held that a general order for particulars does not create a bindi…

Source excerpt

  • Striking Out Of Petition
  • Particulars In Pleadings
  • Court Orders Compliance
  • Abuse Of Process
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.