ESPOSITO FRANCO v AMASON KINGI JEFFAH & 2 others [2008] KEHC 2973 (KLR)
- Court
- High Court of Kenya
- Case number
- 2973
- Citation
- [2008] KEHC 2973 (KLR)
- Decided
- 24 April 2008
The court lacks jurisdiction to extend time to pay security for costs under the National Assembly and Presidential Elections Act (Cap 7) Laws of Kenya.
Facts
The petitioner sought to present an election petition on 10th January 2008, but was informed that guidance would be sought from the office of the Registrar in Nairobi regarding the assessment of filing fees. The petitioner paid the filing fees and the petition was stamped, but was unable to pay the security for costs due to the absence of the Resident Judge.
Issues
- Jurisdiction of the court to extend time to pay security for costs
- Service of the petition
Reasoning
The court finds that the petitioner's failure to deposit the security for costs is due to ignorance or misreading of the law, and that the application is an afterthought. The court also notes that the petition was not properly served on the Attorney General.
Outcome
Application dismissed with costs
Orders
- Respondents are now at liberty to fix for hearing the application by way of Notice of Motion dated 8th February 2008
Authorities cited
Legislation (2)
- National Assembly and Presidential Elections Act (Cap 7)
- Civil Procedure Act (Cap 21)
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