Nahashon Akunga v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 1736 (KLR)
- Court
- High Court of Kenya
- Case number
- 1736
- Citation
- [2017] KEHC 1736 (KLR)
- Decided
- 6 December 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent seeks to strike out the petition for non-compliance with Rule 8(1)(a) of the Elections (Parliamentary and County Elections) Petition Rules.CoramHON. JANET ONG’ERA
Holding
The omission of 'HA' is an inadvertent slip and does not affect the substance of the petition.
Facts
The petition was filed by Nahashon Akunga, whose name was erroneously mispelt as Nashon in the pleadings. The corrections were handwritten and not countersigned.
Issues
- Whether the omission of 'HA' in the petitioner's name is fatal to the petition.
- Whether the omission is an inadvertent slip or a serious mistake warranting the striking out of the petition.
Reasoning
The court found that the petitioner is Nahashon and that the name was an inadvertent typo. The court dismissed the application to strike out the petition.
Outcome
Application dismissed with costs to the petitioner.
Orders
- Application dismissed
Authorities cited
Legislation (3)
- Election (General) Regulations, 2012
- Elections (Parliamentary and County) Petition Rules 2017
- Election Act No. 24 of 2011
Cases cited (2)
- Hosea Mundui Kiplagat v Sammy Komen Mwaita & 2 others [2013] eKLR
- Daniel Elius Mbiti v Philip Makau [2004] 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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