Mugambi Imanyara v I.E.B.C, Meru County - Returning Officer & Franklin Mithika Linturi [2017] KEHC 2195 (KLR)
- Court
- High Court of Kenya
- Case number
- 2195
- Citation
- [2017] KEHC 2195 (KLR)
- Decided
- 22 November 2017
The application to summon witnesses is disallowed. The application for furnishing of the 3rd respondent's Self Declaration form and certified copies of the academic qualification by the 1st and 2nd respondents is allowed.
Facts
The petitioner alleges that the 3rd respondent did not meet constitutional and statutory requirements to be nominated for elections, and that the 3rd respondent made false statutory declarations.
Issues
- Summoning of witnesses
- Furnishing of Self Declaration Forms and academic certificates
Reasoning
The court finds that the petitioner has not discharged the burden of confirming that the alleged witnesses are willing to testify and that their testimony would be relevant. The court also notes that the rules do not provide for compelling witnesses on behalf of a party to an election petition.
Outcome
The application to summon witnesses is dismissed. The application for furnishing of the 3rd respondent's Self Declaration form and certified copies of the academic qualification is allowed.
Orders
- Application to summon witnesses is dismissed.
- Application for furnishing of the 3rd respondent's Self Declaration form and certified copies of the academic qualification is allowed.
Remedies
- Costs in respect to the application to summon witnesses will go to the respondents.
- Costs in that respect is awarded to the petitioner.
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petition Rules 2017
- Constitution of Kenya 2010
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