Alfred Kiptoo Keter v Bernard Kibor Kitur & Independent Electoral & Boundaries Commission [2018] KECA 478 (KLR)
- Court
- Court of Appeal
- Case number
- 478
- Citation
- [2018] KECA 478 (KLR)
- Decided
- 11 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection Petition AppealPostureAppeal from the judgment of the High Court of Kenya at EldoretCoramE. M. Githinji, H. M. Okwengu, J. Mohammed
Holding
The appeal is allowed, the judgment of the election court is set aside, and the appellant is validly elected as a member of the National Assembly for Nandi Hills Constituency.
Facts
The appellant, Alfred Kiptoo Keter, was declared validly elected as a member of the National Assembly for Nandi Hills Constituency in the 2017 elections. The 1st respondent, Bernard Kibor Kitur, filed a petition alleging electoral misconduct.
Issues
- Validity of the election
- Barred from participating in subsequent elections
- Costs and incidental payments
Reasoning
The court found that the election was not free and fair, and the appellant was not validly elected.
Outcome
The appeal is allowed, the judgment of the election court is set aside, and the appellant is validly elected.
Orders
- Set aside the judgment of the election court
- Declare the appellant validly elected
- Dismiss the petition with costs to the appellant
- Allow the 2nd respondent's cross-appeal
- Issue a declaration that the appellant is validly elected
Remedies
- Costs to the appellant
- Costs to the 1st respondent
Authorities cited
Legislation (2)
- Elections Act
- Election (General) Regulations, 2012
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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