Philip Osore Ogutu v Michael Onyura Aringo & 2 others [2013] KEHC 2408 (KLR)
- Court
- High Court of Kenya
- Case number
- 2408
- Citation
- [2013] KEHC 2408 (KLR)
- Decided
- 9 September 2013
The Petition is dismissed with costs, and the total costs payable by the Petitioner to the Respondents are capped at Ksh.2,000,000/=. The costs will be shared equally between the 1st Respondent and the 2nd and 3rd Respondent.
Facts
The 1st Respondent, Michael Onyura Aringo, was declared the validly elected Member of National Assembly for Butula Constituency. The Petitioner, Philip Osore Ogutu, challenged the election, alleging violence, bribery, and irregularities in the election process.
Issues
- Whether there should be scrutiny and recount of the votes in the polling stations listed in paragraph 19 of the Petition.
- Whether there should be a declaration that the 1st Respondent was not validly declared as elected Member of the National Assembly for Butula Constituency.
- Who should pay for costs.
Reasoning
The Court found that the election was conducted substantially in compliance with the principles laid down in the Constitution and Election Law, and that the result reflected the will of the people of Butula Constituency.
Outcome
The Petition is dismissed with costs.
Orders
- The total costs payable by the Petitioner to the Respondents are capped at Ksh.2,000,000/=. The costs will be shared equally between the 1st Respondent and the 2nd and 3rd Respondent.
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