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Kenya decisions
Decisions matching the current search
Wasike v Lusenaka & another [2023] KECA 1368 (KLR)
The Court of Appeal dismissed an application to extend time to appeal in a County Assembly election dispute, holding it lacked jurisdiction over a second appeal.
Stephen Nzue Mwanthi v Philip Muia [2017] KEHC 1706 (KLR)
The High Court lacks jurisdiction to hear and determine an interlocutory appeal arising from the dismissal of an application to strike out an election petition. Jurisdiction to entertain such appeals only arises where the interlocutory application results in a final determination, such as striking out the petition. Since the application to strike out was dismissed and the petition was not struck out, the appeal is interlocutory and not permitted. Consequently, the court must down its tools and cannot address the substantive issues regarding the constitutionality of sections 76(2) and 76(3) of…
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Stephen M Mogaka v Independent Electoral & Boundaries Commission (IEBC), Vincent Kemosi Mogaka & Returning Officer- West Mugirango Constituency [2017] KEHC 869 (KLR)
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…
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Henry Wanyoike Wahu, Crispus Mbogo Kimani & Jane Wanjuiku Karanu v County Assembly of Kiambu, Clerk County Kiambu Assembly, Jubilee Party of Kenya & Independent Electoral &Boundaries; Commision [2017] KEMC 57 (KLR)
The court found that the petitioners failed to deposit the required security for costs within the mandatory statutory period of ten days after filing the petition, as stipulated by Section 78 of the Elections Act and Rule 13 of the Elections (Parliamentary and County Elections) Petitions Rules, 2017. The court held that the statutory requirement is couched in mandatory terms and does not provide for any discretion or extension of time by the court. The explanations offered by the petitioners for the delay, including the transfer of the case from the High Court and alleged instructions from th…
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Wavinya Ndeti & Peter Mathuki v Independent Electoral and Boundaries Commission (IEBC), Machakos County Returning Officer & Alfred Nganga Mutua [2017] KEHC 1726 (KLR)
The High Court at Machakos refused to stay an election petition pending an interlocutory appeal, holding that strict constitutional and statutory timelines must be preserved.
Wilson Mwang'ombe Mwajumwa, Mohamed Juma Omar, Mwachofi John Righa, Mwandawiro Granton Raphael, Mwakoma Danson Mwaghaluka & Mwambanga Dominic Alibhai v Independent Electoral and Boundaries Commission, Swalhah Ibrahim Yusuf & Godfrey Fundi Mwambi [2017] KEMC 75 (KLR)
The court found that the affidavits in support of the petition and by the intended witness were not commissioned by a duly appointed Commissioner for Oaths, but were instead forged, as confirmed by the evidence of Mr Henry Muranje. The law requires that affidavits in support of election petitions be properly commissioned and filed within strict statutory timelines. The absence of valid affidavits renders the petition incurably defective and incapable of being cured by amendment or by filing fresh affidavits outside the prescribed period. The court has no discretion to extend the timelines or…
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Japthet Muroko & Zacheus Okoth Oliech v Independent Electoral and Boundaries Commission (‘IEBC) ,Joseph Mele Eroo, Returning Officer Nairobi County , Kioko Mike Sonko Mbuvi Gideon & Evans Kidero [2017] KEHC 2319 (KLR)
The court held that the Elections Act and the Election (Parliamentary and County Elections) Petition Rules, 2017 do not provide for the joinder of interested parties in election petitions, and the Civil Procedure Rules are inapplicable except where expressly stated. The applicant, Dr. Evans Kidero, had the opportunity to file his own petition within the statutory 28-day period but failed to do so. His application for joinder as an interested party was found to be an attempt to introduce a new petition and new evidence outside the prescribed timelines, which would prejudice the respondents and…
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Institute for Democratic Governance v Odinga & 4 others; Independent Electoral and Boundaries Commission & another (Interested Parties) [2017] KESC 8 (KLR)
The Supreme Court held that a petition not challenging the President-elect could not be heard with time-bound presidential election petitions under article 140.
Pkosing v National Super Alliance & 12 others [2017] KESC 9 (KLR)
The Supreme Court declined to consolidate a petition about candidates’ conduct in the 2017 presidential election with the presidential election petition.
Justus Mongumbu Omiti v Independent Electorial and Boundaries Commission (I.E.B.C.) & Mose Shadrack John [2017] KEHC 2642 (KLR)
The court held that while the petitioner was entitled to preservation of election materials and access to certain information and documents held by IEBC, he had not established a sufficient or specific basis for an order of scrutiny. The application for scrutiny was general and lacked identification of specific polling stations or materials, contrary to statutory and case law requirements. The court further held that affidavits in support of the petition must be sworn by the petitioner and filed within the statutory timelines, and attempts to introduce new evidence or supplementary affidavits…
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