Idris Abdi Abdullahi v Ahmed Bashane & 2 others [2018] KECA 455 (KLR)
- Court
- Court of Appeal
- Case number
- 455
- Citation
- [2018] KECA 455 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the High Court judgmentCoramJUDGE OF APPEAL, R. N. NAMBUYE, JUDGE OF APPEAL, K. M’INOTI, JUDGE OF APPEAL, J. OTIENO-ODEK
Holding
The appeal is dismissed. The appellant shall pay costs of Kshs. 1,500,000.00 to the 1st respondent, Kshs. 500,000.00 to the IEBC, and a like sum to the 3rd respondent.
Facts
Idris Abdi Abdullahi and Ahmed Bashane contested the election for Member of the National Assembly for Tarbaj Constituency. Bashane was declared the winner with a margin of 24 votes. Abdullahi filed an election petition alleging irregularities in three polling stations.
Issues
- Whether the election was conducted in accordance with the Constitution and election law.
- Whether Bashane was validly elected the Member of National Assembly.
- Whether the election results should be scrutinized and recounted in 5 named polling stations.
Reasoning
The court found no merit in the appeal and dismissed it, awarding costs to the respondents.
Outcome
Appeal dismissed
Orders
- Costs awarded to the 1st respondent
- Costs awarded to the IEBC
- Costs awarded to the 3rd respondent
Authorities cited
Legislation (1)
- Article 88 of the Constitution
Cases cited (4)
- Jackton Nyanungo Ranguma v. IEBC & 3 Others (supra)
- Nasra Ibrahim Ibren v. IEBC & 2 Others [2018] eKLR
- Pius Yattani Wario & Another v. IEBC & 3 Others [2018] eKLR
- Damodar Lal v. Sohan Devi & Others, CA No. 231 of 2015
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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