Kipkorir v Langat & another (No 2) [2007] KEHC 3703 (KLR)

Facts

The petitioner, Kigen Luka Kipkorir, challenged the National Assembly Elections held on 27 December 2002 in Rongai parliamentary constituency. The petition was struck off by the court due to non-compliance with rule 4(1)(b) of the National Assembly Elections (Election Petition) Rules and errors in the name of the 2nd respondent.

Issues

1. Whether the application for review was defective for failure to include the order or decree sought to be reviewed.
2. Whether a court had powers to entertain the review application.
3. Whether an Election Court had jurisdiction to review its own decision.
4. Whether the provisions of the Civil Procedure Act and the Civil Procedure Rules could be imported into the National Assembly and Presidential Elections Act and the Rules made there under.
5. Whether the remedy for the petitioner lay in the appeal or review.

Reasoning

The court ruled that the application for review was not allowed under the National Assembly and Presidential Elections Act and that the petitioner had chosen to file an appeal first. The court also stated that the remedy for the petitioner lay in the appeal.

Outcome

Application dismissed

Authorities cited