Clement Kungu Waibara v Annie Wanjiku Kibeh & another [2017] KEHC 2526 (KLR)
- Court
- High Court of Kenya
- Case number
- 2526
- Citation
- [2017] KEHC 2526 (KLR)
- Decided
- 2 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureInterlocutory ApplicationCoramJOEL NGUGI
Holding
The court declines the request to compel the attendance of the three witnesses.
Facts
The Petitioner requested the court to compel the attendance of three witnesses to assist in the determination of the election petition. The Respondents opposed the application.
Issues
- Whether the court should compel the attendance of the three witnesses
- Whether the application is an emerging issue
Reasoning
The court found that the application was necessitated by the striking out of the Petitioner's witness affidavits, and that invoking Section 80(1)(b) would undermine the court's own appraisal of the state of the law and evidence.
Outcome
The court declines the application to compel the attendance of the three witnesses.
Authorities cited
Legislation (3)
- Elections Act No. 24 F 2011
- Elections (General) Regulations, 2012
- Elections (Parliamentary and County Elections) Petitions Rules 2017
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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