Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi & 3 others [2018] KECA 636 (KLR)
- Court
- Court of Appeal
- Case number
- 636
- Citation
- [2018] KECA 636 (KLR)
- Decided
- 14 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the Ruling of the High Court of KenyaCoramE. M. Githinji, H. M. Okwengu, J. Mohammed
Holding
The election court correctly held that the petition was filed outside the 28 days allowed by the law and dismissed the appeal.
Facts
The appellant challenged the validity of the election of Nicholas Scott Tindi Mwale as a member of the National Assembly for Butere Constituency in the Parliamentary elections held on 8th August 2017. Seven candidates vied for the election, with the appellant being declared the winner with 11,684 votes.
Issues
- Whether the election petition was filed outside the 28 days stipulated by Article 87(2) of the Constitution and section 77(1) of the Elections Act, 2011.
- Whether the declaration of the election results was done on 10th August 2017 when the agents signed Form 35B, or on 9th August 2017 when the Returning Officer signed and dated Form 35B and issued the certificate in Form 35C.
Reasoning
The court held that the declaration of the final election results was done on 9th August 2017, and the petition was filed within the 28-day period.
Outcome
Appeal dismissed with costs to the 1st, 3rd and 4th respondents.
Authorities cited
Legislation (2)
- Article 87(2) of the Constitution
- Elections Act, 2011 (2011 Act)
Cases cited (3)
- Wetangula's case
- Joho's case
- Mary Wambui Munene v Peter Gichuki King'ara & 2 Others
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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