MASUMBUKO MOHAMED OMAR V GUNDA BENEDICT FONDO & 2 OTHERS [2008] KEHC 3286 (KLR)
- Court
- High Court of Kenya
- Case number
- 3286
- Citation
- [2008] KEHC 3286 (KLR)
- Decided
- 28 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication to strike out election petitionCoramPall J.A.
Holding
The petition was presented and served out of time, and the court finds it incompetent. The petition is accordingly struck out.
Facts
The National Assembly and Presidential Elections were held on December 27, 2007, and Benedict Fondo Gunda was declared the duly elected member of the National Assembly for Bahari Constituency. Masumbuko Mohamed Omar, a contestant who lost at Bahari Constituency, filed an election petition challenging the election of Gunda.
Issues
- Was the petition presented within the prescribed period?
- Was the petition served within the prescribed period?
- Was it served on the respondents as required?
- Does the court have jurisdiction to strike out the petition?
- Should the court extend the time?
Reasoning
The court held that the petition was not presented and served within the 28-day period prescribed by law, and thus rendered incompetent. The court found that the petition was not served on the respondents as required.
Outcome
The petition is struck out.
Orders
- The petition is struck out.
- Costs are provided for the respondents.
Authorities cited
Legislation (2)
- National Assembly and Presidential Elections Act
- Statute Law (Miscellaneous Amendments) Act 2007
Cases cited (2)
- DAVID WAKAIRU MURATHE v. SAMUEL KAMAU MACHARIA
- DEVAN NAIR v. YONG KUAN TEIK
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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