Zebedeo John Opore v I E B C & 2 others [2017] KEHC 2425 (KLR)
- Court
- High Court of Kenya
- Case number
- 2425
- Citation
- [2017] KEHC 2425 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's application to lodge supplementary affidavits; Respondents' application to lodge supplementary affidavitsCoramA. K. NDUNGU
Holding
The court allows the Petitioner's application to lodge supplementary affidavits and grants the 1st and 2nd Respondents' application to lodge supplementary affidavits.
Facts
The Petitioner sought to add supplementary affidavits and documents to the petition, alleging higher voter turnout and election malpractices. The 1st and 2nd Respondents, who are Presiding Officers, sought to lodge their own supplementary affidavits due to logistical difficulties.
Issues
- Whether the Petitioner's application to lodge supplementary affidavits should be granted.
- Whether the 1st and 2nd Respondents' application to lodge supplementary affidavits should be granted.
Reasoning
The court finds the Petitioner's application to be one of considerable merit and allows it. The 1st and 2nd Respondents' application is allowed as well, but with a note of caution due to the overriding objective of the rules.
Outcome
The court allows both applications.
Orders
- Petitioner to bear the costs of the application.
- Each party to bear its own costs in respect of the application by the 1st and 2nd Respondents.
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petition Rules, 2017
- Elections Act, 2011
Cases cited (1)
- Raila Odinga and 5 Others v I.E.B.C & 3 Others
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.
Loading judgment…