SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Oscar Mafunga Igaida v Independent Electoral & Boundaries Commission & 2 others [2013] KEHC 2344 (KLR)

[2013] KEHC 2344 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2344
Citation
[2013] KEHC 2344 (KLR)
Decided
10 September 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' appeal from a judgment of the Chief Magistrate's CourtCoramRawal
Holding

The election was free, fair, and credible, and the third respondent was validly elected.

Facts

The petitioner Oscar Mafunga Igaida alleged that the third respondent Maurice Gari Otieno was not validly elected as the Lang'ata Constituency Representative due to irregularities during the voting and tallying process. He claimed that three of his agents were denied access to the polling station and that there were double registrations and double voting.

Issues

  1. Irregularities during the voting process
  2. Irregularities during the tallying process
  3. Validity of the election

Reasoning

The court found no evidence of agents being denied access to the polling station, no proof of double registration or double voting, and no irregularities in the tallying process. The error in the tallying process did not affect the final results.

Outcome

Appeal dismissed

Authorities cited

Cases cited (1)
  • Onalo VS Ondeki (2008) 3 KLR (EP) 500
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case