Aluochier v Senate & 2 others (Civil Appeal E104 of 2023) [2025] KECA 522 (KLR) (21 March 2025) (Judgment)

Facts

The appellant, Isaac Aluoch Polo Aluochier, filed a petition seeking to nullify the election of the Speaker of Senate held on 8th September 2022. The Clerk of the Senate, Jeremiah M. Nyegenye, published a notice inviting interested parties to collect nomination papers for the election, which were to be returned by 2.30 pm on 7th September 2022. The appellant collected and returned the nomination papers on time.

Issues

1. Whether the appellant was the only candidate who possessed the necessary qualifications and was validly nominated for election as Speaker of the Senate
2. Whether the appellant was entitled to any of the other reliefs sought arising from the nomination and election of Speaker of Senate held between 5th and 8th November 2022

Reasoning

The appellant did not provide evidence supporting the orders sought, and the High Court did not err in finding that the appellant did not establish his case or that there was no violation of his rights.

Outcome

Appeal dismissed

Authorities cited