Mati v Returning Officer Mwingi North Constituency & 2 others (Election Petition Appeal 5 of 2018) [2018] KECA 700 (KLR) (22 March 2018) (Judgment)
- Court
- Court of Appeal
- Case number
- 700
- Citation
- [2018] KECA 700 (KLR)
- Decided
- 22 March 2018
The trial court did not err in failing to order scrutiny of the KIEMS kit as it was not applied for by the appellant. The trial court's evaluation of the evidence was not erroneous.
Facts
An election for Member of the National Assembly for Mwingi North Constituency was held, resulting in Paul Musyimi Nzengu winning with 23,582 votes, John Munuve Mati with 15,702 votes, and Patrick Mwangangi with 7,738 votes. The appellant, John Munuve Mati, filed a petition alleging election irregularities.
Issues
- Whether the KIEMS kit is part of the register of voters
- Whether the trial court erred in failing to order scrutiny of the KIEMS kit
- Whether the trial court erred in evaluating the evidence on record
Reasoning
The court determined that the KIEMS kit is not part of the register of voters as defined by the Elections Act. The appellant failed to apply for access or scrutiny of the KIEMS kit, and thus cannot blame the trial court for not making such an order.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Elections Act
Cases cited (2)
- Gatirau Peter Munya v. Dickson Mwenda Kithinji & 2 Others
- Elizabeth Ongoro Amollo v. Francis Kajwang Tom Joseph & 2 Others
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