Abdirahman Adan Abdikadir & another v Independent Electoral & Boundaries Commission & 2 others [2017] KEHC 2488 (KLR)
- Court
- High Court of Kenya
- Case number
- 2488
- Citation
- [2017] KEHC 2488 (KLR)
- Decided
- 9 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramR. MWONGO, PJ
Holding
The court ordered that IEBC produce the original Forms 38A, B and C two days before the hearing date and that KIEMS kit SD Cards be made available to the Registrar within 24 hours upon court order.
Facts
Two petitions were filed in respect of the Wajir County Senatorial election held on 8th August, 2017. The 1st Petitioner filed an application seeking preservation of election materials.
Issues
- Whether the trial court has the discretion to order a recount or scrutiny of votes
- Whether the application for scrutiny and recount must be specific and detailed
- Whether the request for scrutiny, audit, and inspection of technology system is clear and focused
Reasoning
The court exercised its discretion under Section 82(1) of the Elections Act to order a recount or scrutiny of votes if necessary. The court found the application for scrutiny and recount must be specific and detailed, and the request for technology system scrutiny was not clear and focused.
Outcome
The appeal was dismissed.
Orders
- IEBC to produce original Forms 38A, B and C two days before the hearing date
- KIEMS kit SD Cards to be made available to the Registrar within 24 hours upon court order
Authorities cited
Legislation (2)
- Elections Act, 2011
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
Cases cited (1)
- Gideon Mwangangi Wambua & Another v. IEBC & 2 Others, Mombasa Election Petition No. 4 of 2013
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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