Mohamed Mahamud Ali v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 1701 (KLR)
- Court
- High Court of Kenya
- Case number
- 1701
- Citation
- [2017] KEHC 1701 (KLR)
- Decided
- 9 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for extension of time to file affidavitsCoramHon. Raila Odinga
Holding
The court grants the application for extension of time to file the additional affidavits, recognizing the limited timelines and the need to manage time efficiently.
Facts
The petition was filed on 6th September, 2017, and the 1st and 2nd respondents filed their response and joint replying affidavit on 15th September, 2017. They sought to file additional affidavits outside the required timelines.
Issues
- Whether this court should exercise its discretion to admit affidavits filed by witnesses for the 1st and 2nd respondents outside the required timelines.
Reasoning
The court considers the limited timelines and the need to manage time effectively, while also acknowledging the 1st and 2nd respondents' aim to respond to the petition's issues.
Outcome
The application is granted.
Orders
- Affidavits filed by the 1st and 2nd respondents' witnesses are deemed to have been filed within time.
Authorities cited
Legislation (2)
- Elections (Parliamentary and County) Petition Rules, 2017
- Constitution of Kenya, 2010
Cases cited (1)
- Raila Odinga, Moses Kiarie Kuria & Others vs. Independent Electoral and Boundaries Commission, Uhuru Kenyatta & Others, [2013)] eKLR
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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