Anastasia Wanjiru Mwangi v Independent Electoral & Boundaries Commission & another [2013] KEHC 411 (KLR)
- Court
- High Court of Kenya
- Case number
- 411
- Citation
- [2013] KEHC 411 (KLR)
- Decided
- 18 June 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's petition to declare the election null and void due to alleged irregularities and bribery; Respondents' applications to strike out the petition and for costsCoramF. Mucheimer
Holding
The petition is struck out for non-compliance with Section 78 of the Elections Act and Rule 14 of the Rules. The costs of the petition and this application shall be borne by the petitioner.
Facts
Anastasia Wanjiru Mwangi filed a petition alleging that Shakila Abdalla Mohamed was declared the winner of the Senatorial election for Kilifi County on March 4, 2013, due to alleged irregularities and bribery. The Independent Electoral & Boundaries Commission (IEBC) and Shakila Abdalla Mohamed filed applications to strike out the petition and for costs.
Issues
- Whether the election was free and fair
- Whether the petitioner complied with mandatory security deposit requirements
Reasoning
The court found that the petitioner did not deposit the mandatory security for payment of costs, leading to the decision to strike out the petition.
Outcome
The petition is struck out.
Orders
- The petition is struck out for non-compliance with Section 78 of the Elections Act and Rule 14 of the Rules.
- The costs of the petition and this application shall be borne by the petitioner.
Authorities cited
Legislation (1)
- Elections Act (2011)
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.
Loading judgment…