Timamy Issa Abdalla v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 886 (KLR)
- Court
- Court of Appeal
- Case number
- 886
- Citation
- [2018] KECA 886 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection Petition AppealPostureAppeal from the High Court of Kenya at MalindiCoramALNASHIR VISRAM, W. KARANJA, M.K. KOOME
Holding
The appeal is dismissed except for costs, where the appellant is ordered to bear costs capped at Kshs. 3,000,000 to be shared equally between the 1st and 2nd respondent on one part and the 3rd and 4th respondents, on the other part.
Facts
The appellant, Timmay Issa Abdalla, challenged the election of Fahim Yasin Twaha and Abdulhakim Aboud Bwana as the Governor and Deputy Governor of Lamu County.
Issues
- jurisdiction
- interpretation of Section 83 of the Elections Act
- burden and standard of proof in election disputes
- conclusion of election compliance
Reasoning
The court determined that the appeal was not properly filed and dismissed the appeal. However, it allowed the appeal in part regarding costs.
Outcome
Appeal dismissed except for costs
Orders
- The appellant’s appeal, except in relation to costs, is hereby dismissed.
- The costs capped by the Election Court at Kshs. 12,000,000 is hereby set aside and substituted with an order that the appellant shall bear costs capped at Kshs. 3,000,000 to be shared equally between the 1st and 2nd respondent on one part and the 3rd and 4th respondents, on the other part.
Remedies
- Costs capped at Kshs. 3,000,000 to be shared equally between the 1st and 2nd respondent on one part and the 3rd and 4th respondents, on the other part.
Authorities cited
Legislation (2)
- Elections Act
- Court of Appeal (Election Petition) Rules, 2017
Cases cited (2)
- Gatirau Munya case
- Law Society of Kenya vs. Centre for Human Rights and Democracy & 13 Others [2013] eKLR
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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