Seth Ambusini Panyako v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 2320 (KLR)
- Court
- High Court of Kenya
- Case number
- 2320
- Citation
- [2017] KEHC 2320 (KLR)
- Decided
- 14 November 2017
The court struck out the affidavits of Elijah Natili John and Emmanuel Wawire as scandalous, oppressive, and irrelevant.
Facts
The petitioner, Seth Ambusini Panyako, filed a petition against the Independent Electoral & Boundaries Commission (IEBC) and the Returning Officer of Kakamega County regarding the election of a Member of Senate for Kakamega County. The 3rd respondent, Cleophas Wakhungu Malala, sought to strike out the affidavits of Elijah Natili John and Emmanuel Wawire, alleging they were not properly accredited agents.
Issues
- Whether Elijah Natili John and Emmanuel Wawire were properly accredited agents by the IEBC
- Whether their affidavits should be struck out as scandalous, oppressive, and irrelevant
Reasoning
The court found that neither Elijah Natili John nor Emmanuel Wawire were properly accredited agents by the IEBC, and their affidavits were thus excluded from the evidence.
Outcome
The court granted the application to strike out the affidavits of Elijah Natili John and Emmanuel Wawire.
Orders
- Affidavits of Elijah Natili John and Emmanuel Wawire struck out
- Petitioner to bear the costs of the petition
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