Mable Muruli v Hon. Wycliffe Ambetsa Oparanya & 3 others [2013] KEHC 5991 (KLR)
- Court
- High Court of Kenya
- Case number
- 5991
- Citation
- [2013] KEHC 5991 (KLR)
- Decided
- 13 September 2013
The court finds that the petitioner was not ready for nomination on the day fixed by the commission and did not present a letter from CHE equating her documents to a degree. The court also finds that the election was free and fair and no election malpractices were reported.
Facts
The petitioner Mable Muruli intended to run for Governor of Kakamega County but her nomination papers were rejected. She was ordered to be included in the ballot paper by a court in Nairobi, but this order was not enforced. The petitioner filed this election petition after the elections.
Issues
- Whether the petitioner presented her documents for nomination within the stipulated timelines.
- Whether the petition is res judicata.
- Whether the petitioner has met the standard of proof in election petitions.
- Whether the conduct of the elections was free and fair.
- Whether the court should grant the orders sought in the petition.
Reasoning
The petitioner failed to provide documents proving her qualifications on the nomination day, as required by the Election Act. The court also notes that the petitioner did not present a single witness to state that he or she did not participate in the election because her name was missing from the ballot.
Outcome
The court dismisses the petition.
Authorities cited
Legislation (3)
- Elections Act 2011
- Elections (Parliamentary and County Elections) Petition Rules, 2013
- Constitution of Kenya 2010
Cases cited (4)
- OJAAMONG V SHIGOLI &ANOTHER[2008] 1KLR (EP) 550
- WANYOIKE V ELECTORAL COMMISSION& ANOTHER (NO.2) [2008] 2KLR (EP) 35
- JOHO V NYANGE [2008] 3 KLR(EP) 500
- AROKO & ANOTHER V KWACH & 5 OTHERS Nairobi Civil Case No. 784 of 2007
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