Julius Makau Malombe v Charity Kaluki Ngilu & 2 others [2017] KEHC 2276 (KLR)
- Court
- High Court of Kenya
- Case number
- 2276
- Citation
- [2017] KEHC 2276 (KLR)
- Decided
- 16 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's Application to Summon OCPD DismissedCoramP. NYAMWEYA
Holding
The Petitioner's application to summon the OCPD is dismissed, and the costs of the application shall abide the outcome of the Petition.
Facts
The Petitioner challenged the election of the 1st Respondent as Governor of Kitui County, alleging that election offences were committed by officers of the 2nd Respondent.
Issues
- Summoning the OCPD to produce Elections Offences Case No 3 of 2017
- Proper use of the Court's powers under section 80(1) of the Elections Act
Reasoning
The Petitioner should first provide evidence on the ground pleaded in his Petition to demonstrate the need for the exercise by the Court of the powers to summon a person who is not his witness.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Elections Act
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
Cases cited (2)
- Odera Arthur Papa vs Oku Edward Kaunya & 2 Others, Busia Election No. 2 of 2017
- Thomas Matwetwe Nyamache v Independent Electoral and Boundaries Commission & 2 others, [2017] 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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