Evans Nabwera Tarachi v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 2332 (KLR)
- Court
- High Court of Kenya
- Case number
- 2332
- Citation
- [2017] KEHC 2332 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' appeal from a High Court orderCoramJ. MULWA
Holding
The court ordered a scrutiny and recount of votes in 24 polling centers, secured by the parties to the petition, overseen by the Deputy Registrar, and with the assistance of Judicial Staff.
Facts
The petition was filed by Evans Nabwera Tarachi against the Independent Electoral & Boundaries Commission and the Constituency Returning Officer Enoch Gichaba Otara regarding the 8/8/2017 parliamentary election in Likuyani Constituency.
Issues
- violation of free and fair election principles
- partiality and independence of IEBC
- irregularities associated with 3rd Respondent Enoch Wamalwa Kibunguchi
- irregularities in the election results
- need for scrutiny and recount of votes
Reasoning
The court upheld the petition, finding that a scrutiny is necessary to address the irregularities and ensure a fair election process.
Outcome
The court ordered a scrutiny and recount of votes in 24 polling centers.
Orders
- securitization of election materials
- overseeing of the exercise by the Deputy Registrar
- provision of secure transport for materials
- deputization of agents to observe the exercise
- preparation of a report by the Deputy Registrar
Remedies
- scrutiny and recount of votes
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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