NASIR MOHAMED DOLAL v DUALE ADEN BARE & 2 OTHERS [2008] KEHC 3288 (KLR)
- Court
- High Court of Kenya
- Case number
- 3288
- Citation
- [2008] KEHC 3288 (KLR)
- Decided
- 12 May 2008
The Petition was not served upon the 1st Respondent within the period of time prescribed by law, and it is struck out, with costs to all the Respondents
Facts
The Petitioner was one of the candidates in the Parliamentary Elections for the National Assembly seat for the Dujis Constituency. He lost the election to the 1st Respondent, Duale Aden Bare, who was declared the winner by the Electoral Commission of Kenya. The Petitioner challenged the election result and sought to have the election of the 1st Respondent declared null and void.
Issues
- Whether the Petition was served on the 1st Respondent in accordance with the law
- Whether the Petition was presented and served within 28 days of the publication of the election result in the Kenya Gazette
Reasoning
The Court of Appeal has held that service of election petitions is 'personal' service, requiring actual physical service. The Petitioner and his Process Server went to the 1st Respondent's brother's house in the evening of 25th January, 2008, but the watchman testified that the papers were dropped under the gate, which the Court found did not constitute 'personal' service.
Outcome
Petition struck out
Orders
- Petition struck out
- Costs to all the Respondents
Authorities cited
Legislation (3)
- National Assembly and Presidential Elections Act
- Presidential and Parliamentary Elections Regulations
- Election Offences Act
Loading judgment…