Joseph Amisi Omukanda v Independent Electoral and Boundaries Commission (Iebc) & 2 others [2013] KEHC 2064 (KLR)

Facts

The petitioner was a candidate for the election of Member of National Assembly for Navakholo constituency in Kakamega County conducted on 4.3.2013. The 3rd respondent was declared the winner with a margin of 32 votes. The petitioner preferred this petition due to discrepancies in the results.

Issues

1. Whether the Petitioner has laid a basis for an Order of scrutiny and/or recount of votes or any of the Orders sought in the Petition.
2. Whether the 1st and 2nd Respondent complied with the Constitution, the Elections Act and Regulations in the declaration of the Parliamentary results for Member of National Assembly for Navakholo Constituency.
3. Whether the 3rd respondent was validly elected as Member of National Assembly for Navakholo Constituency in Kakamega County.
4. Who bears the costs of this petition?

Reasoning

The petitioner's evidence is merely allegations which are not proved. There is no evidence showing that the results announced at the tallying centre were different from those announced at the polling stations. The petitioner is on a fishing expedition and is on the mistaken belief that the court can assist him without producing the required evidence.

Outcome

The court finds in favor of the respondents and orders that each party shall meet his/its own costs.

Authorities cited