Philip Kyalo Kituti Kaloki v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2450 (KLR)

Facts

The case pertains to the election of the Member of National Assembly for Kibwezi East constituency held on 8th August 2017. The petitioner, Philip Kyalo Kituti Kaloki, challenges the election conducted by the Independent Electoral and Boundaries Commission (IEBC) and the Returning Officer, Kibwezi East Constituency.

Issues

1. Whether the election was substantially in accordance with the Constitution and laws.
2. Whether the election had illegalities that rendered it null and void.
3. Whether electoral malpractices altered the election results.
4. Whether the tally of votes was manipulated.
5. Whether a sufficient legal basis for scrutiny and recount was demonstrated.
6. What orders the court can make.

Reasoning

The court found that the election was conducted in accordance with the Constitution and laws, and there were no substantial irregularities or malpractices that would render the election null and void.

Outcome

The petition was dismissed.

Authorities cited