Lydia Mathia v Naisula Lesuuda & another [2013] KEHC 5828 (KLR)
- Court
- High Court of Kenya
- Case number
- 5828
- Citation
- [2013] KEHC 5828 (KLR)
- Decided
- 21 June 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for Stay and/or DismissalCoramR.E. Ougo
Holding
The election petition should not be stayed or dismissed, as the court has jurisdiction to hear and determine the petition and the issues raised are not substantially similar to the constitutional petition.
Facts
Petitioner filed an election petition against the 2nd Respondent, alleging that her fundamental rights were infringed and that the 2nd Respondent altered the TNA party list in the nomination of women members to the Senate.
Issues
- Whether the election petition should be stayed pending the determination of the constitutional petition.
- Whether the election petition should be struck out and/or dismissed for being an abuse of court process and/or for not disclosing a substantial triable issue.
Reasoning
The court has jurisdiction over election petitions and the issues raised in the election petition are not substantially similar to the constitutional petition. The court should hear and determine the election petition expeditiously.
Outcome
The election petition should not be stayed or dismissed.
Authorities cited
Legislation (3)
- Elections Act 2011
- Elections (Parliamentary and County Elections) Petition Rules 2013
- Constitution of Kenya 2010
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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