Ole Kores v Ole Nkedienye & 3 others (Petition 6 of 2013) [2013] KEHC 3480 (KLR) (17 May 2013)
- Court
- High Court of Kenya
- Case number
- 3480
- Citation
- [2013] KEHC 3480 (KLR)
- Decided
- 17 May 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks to nullify the election of the Governor for Kajiado CountyCoramA. Mabeya
Holding
The results for the County of Kajiado were declared on 13th March, 2013 in Gazette Notice No.3155, and the Petition was filed within the time allowed by law.
Facts
The 1st and 2nd Respondents were declared elected as Governor and Deputy Governor respectively in the 2013 Kajiado County election. The Petitioner filed a petition challenging the election results.
Issues
- Whether the election results for the County of Kajiado were declared on 6th or 13th March, 2013
- Whether Section 76(1) of the Elections Act, 2011 is inconsistent with Article 87(2) of the Constitution of Kenya
Reasoning
The court held that the declaration of results occurs upon the announcement by the County Returning Officer and the consequent issuance of a certificate of Results of Election, not the Gazette Notice.
Outcome
The Petition is dismissed with costs to the Petitioner.
Authorities cited
Legislation (3)
- Elections Act, 2011
- Constitution of Kenya
- Elections (General) Regulations, 2012
Cases cited (1)
- Election Petition No. 1 of 2013 Ferdinand Waititu –vs- IEBC & 8 others
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.
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