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Dennis Magare Makori & another v Independent Electoral and Boundaries Commission & 3 others [2017] KEHC 1699 (KLR)

[2017] KEHC 1699 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1699
Citation
[2017] KEHC 1699 (KLR)
Decided
21 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramA. K. NDUNG'U
Holding

The Court orders for the audit and scrutiny of the votes cast, the results declared, statutory Forms 35A, and the scrutiny and recount of the votes cast in accordance with Rule 29 (4) of the Election (Parliamentary and County Elections) Petition Rules, 2017.

Facts

The Petitioners have requested the Court to order an audit and scrutiny of the votes cast, results declared, and statutory Forms 35A for the elections of Member of National Assembly South Mugirango Constituency held on August 8, 2017, at various polling stations.

Issues

  1. Audit and scrutiny of votes cast and results declared
  2. Scrutiny and recount of votes cast

Reasoning

The Court found that the Petitioners have a right to have their votes audited and scrutinized as per the rules and regulations.

Outcome

Affirmed

Orders

  • Audit and scrutiny of votes cast and results declared
  • Scrutiny and recount of votes cast

Authorities cited

Legislation (3)
  • ELECTION ACT NO. 24 OF 2011
  • ELECTIONS (GENERAL REGULATIONS, 2012)
  • ELECTIONS (PARLIAMENTARY AND COUNTY) PETITION RULES, 2017
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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