Steven Kariuki v George Mike Wanjohi & 2 others [2013] KEHC 2191 (KLR)
- Court
- High Court of Kenya
- Case number
- 2191
- Citation
- [2013] KEHC 2191 (KLR)
The court orders that the 1st respondent, George Mike Wanjohi, be declared the winner of the election. The petitioner is ordered to pay the 1st respondent's costs, capped at Kshs 2,000,000.
Facts
The petitioner, Steven Kariuki, claimed to be the legitimate winner of the election for member of the National Assembly for Mathare constituency. The election was conducted by the IEBC, and the petitioner was issued a certificate of results. However, the IEBC later issued a certificate to the 1st respondent, George Mike Wanjohi, declaring him the winner.
Issues
- The petitioner's claim that the IEBC's actions were illegal and that the certificate to him was issued in error.
- The petitioner's request to be declared the winner or for the poll to be nullified.
Reasoning
The court found that the petitioner's claim was not supported by evidence and that the IEBC's actions were within their legal authority. The court also noted the petitioner's failure to comply with court deadlines.
Outcome
The 1st respondent, George Mike Wanjohi, is declared the winner of the election.
Orders
- The 1st respondent, George Mike Wanjohi, is declared the winner of the election.
- The petitioner, Steven Kariuki, is ordered to pay the 1st respondent's costs, capped at Kshs 2,000,000.
Remedies
- The 1st respondent, George Mike Wanjohi, is declared the winner of the election.
- The petitioner, Steven Kariuki, is ordered to pay the 1st respondent's costs, capped at Kshs 2,000,000.
Authorities cited
Legislation (2)
- Elections Act 2011
- Elections (General) Regulations 2012
Cases cited (1)
- Kakuta Maimai Hamisi vs Peris Pesi Tobiko and others Nairobi High Court election petition 5 of 2013 (unreported)
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