Munene & another v Independent Electoral and Boundaries Commission & 2 others [2023] KEHC 1193 (KLR)
Court
High Court
Case number
Election Petition E001 of 2022
Judge
DO Chepkwony
The High Court allowed withdrawal of an election petition over Kieni Constituency and awarded capped costs to the respondents after finding the petitioners had complied with withdrawal rules.
Kenta & another v Independent Electoral and Boundaries Commission (IEBC) & 3 others [2023] KEHC 666 (KLR)
Court
High Court
Case number
Election Petition E001 of 2022
Judge
TM Matheka
The court held that while election petitions serve a public interest function, they also have a personal element as the outcome affects the parties' positions. The 1st and 2nd respondents incurred significant costs in defending the petition, which was withdrawn only on the first scheduled hearing day after extensive interlocutory proceedings and compliance with court orders. The court exercised its discretion to award costs to the 1st and 2nd respondents, capping the total at Ksh 2,500,000 for both, to be taxed by the deputy registrar. The court emphasized that costs should not be punitive or…
Kuria v Independent Electoral and Boundaries Commission (IEBC) & 2 others; Gichigo (Subsequent Party) [2022] KEHC 18061 (KLR)
Court
High Court
Case number
Election Petition E001 of 2022
Judge
RPV Wendoh
The court found that the petitioner had complied with all procedural requirements for withdrawal of the election petition, including proper notice and publication. Withdrawal of an election petition is not an automatic right but is subject to the court's discretion, which was properly exercised here. The application for substitution by Jairus Gichigo was dismissed because it was filed outside the mandatory seven-day window following publication of the withdrawal notice, and the applicant failed to demonstrate that he was a resident or voter in Juja Constituency, nor did he provide sufficient…
The High Court allowed withdrawal of an election petition, dismissed a later strike-out motion, and directed that costs be taxed by the Deputy Registrar.
Mahmud v Independent Electoral & Boundaries Commission & 2 others [2022] KEHC 16465 (KLR)
Court
High Court
Case number
Election Petition E001 of 2022
Judge
HK Chemitei
The court found that the petitioner failed to comply with the mandatory procedural requirements for withdrawal of an election petition as set out in the Elections (Parliamentary and County Election) Petition Rules, 2017. Specifically, the petitioner did not file the application in the prescribed form, did not publish the required notice of withdrawal in a widely circulated newspaper or the Gazette, and did not lodge the necessary documents at the registry. Given the public interest nature of election petitions and the elaborate withdrawal procedure designed to ensure transparency and public a…
Thoya & 2 others v Independent Electoral and Boundaries Commission & 2 others; Fondo & another (Interested Parties) [2022] KEHC 16029 (KLR)
Court
High Court
Case number
Election Petition E004 of 2022
Judge
FN Muchemi
The court held that while respondents are entitled to costs upon withdrawal of an election petition, the quantum must be commensurate to the work done and the stage at which the petition was withdrawn. The 1st and 2nd respondents filed a substantial joint response and incurred some effort, but the matter was withdrawn early, before hearing or pre-trial directions, and court attendances were minimal. The 3rd respondent's response was brief and less involved. The court found that the petitioners' financial inability is not a relevant factor in determining costs. Accordingly, the court exercised…
The court dismissed an election petition withdrawal application and struck out the petition for non-compliance with election rules, lack of jurisdiction, no supporting affidavit, and no security for costs.
Ngungiri v Njoki & 2 others [2022] KEHC 14632 (KLR)
Court
High Court
Case number
Election Petition E001 of 2022
Judge
REA Ougo
The court held that while it retains discretion in awarding costs in election petitions, this discretion is more constrained than in ordinary civil litigation. The primary purpose of awarding costs in electoral disputes is to compensate the successful party for expenses reasonably incurred in defending the petition. The petitioner, having withdrawn the petition before pre-trial, did so promptly and in good faith, but the 2nd and 3rd respondents had already incurred costs in preparing their responses and gathering evidence. The court found no special circumstances to depart from the general ru…
George Thata Ndia v Independent Electoral and Bounderies Commission (IEBC), Peter Kamau Muigai, the Returning Officer Kiambaa Constituency & Wanjiku John Njuguna [2021] KEHC 1473 (KLR)
Court
High Court
Case number
Election Petition E001 of 2021
Judge
GL Nzioka
The court found that the petitioner had complied with the procedural requirements for withdrawal of an election petition under the Elections (Parliamentary and County Elections) Petition Rules, 2017. No party sought to be substituted as petitioner, and the application for withdrawal was essentially unopposed. On the issue of costs, the court recognized its discretion under section 84 of the Elections Act and relevant rules, noting that while costs generally follow the event, public interest and the conduct of the parties must be considered. The court reviewed comparative awards in similar cas…
Dickson Daniel Karaba v Kibiru Charles Reubenson, Samuel Seki Lepati, Independent Electoral & Boundaries Commission (IEBC), Duke Nyairo Ondieki, Stephen Karau Nyoike & James Karimi Karubiu [2018] KECA 477 (KLR)
Court
Court of Appeal
Case number
Election Appeal 3 & 4 of 2018
The Court of Appeal held that the appellant, having voluntarily sought and obtained leave to withdraw the election petition and all applications therein, could not revisit interlocutory rulings or seek further reliefs in the withdrawn matter. The applications for substitution by the 4th, 5th, and 6th respondents were properly dismissed by the High Court as the applicants failed to demonstrate bona fides, locus standi, or compliance with electoral laws, including the admission of multiple voter registrations, which is an electoral offence. The court further held that while costs should be awar…
