Andrew Mbithin Muiya v Joseph Nyaga & 2 others [2003] KEHC 993 (KLR)
- Court
- High Court of Kenya
- Case number
- 993
- Citation
- [2003] KEHC 993 (KLR)
- Decided
- 11 July 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication to strike out petition for lack of serviceCoramAlicen, Kuloba, Tunoi
Holding
The petition is struck out for lack of service within the prescribed time and manner
Facts
The results of the parliamentary election were published on January 3, 2003, and the petitioner filed the petition on January 22, 2003. The 1st respondent was not served with the petition within 28 days of the results publication.
Issues
- Whether the petition was properly served within the prescribed time and manner
- Whether the petition is still valid after the service deadline
Reasoning
The statutory 28 days for service ended on January 31, 2003, and the petition was not served by any mode.
Outcome
The petition is struck out
Orders
- Petitioner to be heard ex parte
- Order for substituted service by advertisement in a newspaper
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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