CAROLINE MWELU MWANDIKU v PATRICK MWEU MUSIMBA & 2 others [2013] KEHC 3482 (KLR)
- Court
- High Court of Kenya
- Case number
- 3482
- Citation
- [2013] KEHC 3482 (KLR)
- Decided
- 28 May 2013
The petition was not filed within the 28-day time period stipulated in Article 87 of the Constitution, and the petition lacks a cause of action.
Facts
The petitioner Caroline Mwendiku filed a petition challenging the validity of the election of Patrick Mweu Musimba as the elected member of the National Assembly for Kibwezi West Constituency. The petitioner filed the petition on 10 April 2013, which was beyond the 28-day time period stipulated in Article 87 of the Constitution.
Issues
- What constitutes 'declaration' of the election results and when does the time for filing the petition begin to run?
- What is the effect of failure to state the election results in the petition?
Reasoning
The court determined that the declaration of election results is done by the returning officer, who is an agent of the Commission. The time for filing the petition begins to run from the date the returning officer declares the results.
Outcome
The petition was struck out or dismissed.
Orders
- The petition filed by the petitioner be struck out or dismissed on the grounds that it was filed out of time and lacks a cause of action.
Authorities cited
Legislation (4)
- Article 87 of the Constitution of Kenya, 2010
- Elections(Parliamentary and County Elections) Petition Rules, 2013
- Elections Act, No. 24 of 2011
- General Regulations
Cases cited (2)
- Ferdinand Waititu v IEBC and Others Nairobi, Petition No. 1 of 2013
- Josiah Taraiya Kipelian Ole Kores v Dr David Ole Nkedienye and Others Nairobi Petition No. 6 of 2013
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