Justus Mongumbu Omiti v Independent Electorial and Boundaries Commission (I.E.B.C.) & another [2017] KEHC 2642 (KLR)
- Court
- High Court of Kenya
- Case number
- 2642
- Citation
- [2017] KEHC 2642 (KLR)
- Decided
- 31 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Motion for OrderCoramJ.A. Makaau
Holding
The court ordered the IEBC to retain documents and materials in safe custody, granted access to certain information, and allowed the Petitioner to put seals on ballot boxes.
Facts
The Petitioner sought orders regarding ballot boxes, election materials, and information related to the parliamentary elections for Kitutu Masaba Constituency held on 8th August 2017.
Issues
- Access to ballot boxes and election materials
- Information related to KIEMS kits and polling stations
- Scrutiny of election materials
Reasoning
The court rejected the general prayer for scrutiny and ordered specific access to information and materials.
Outcome
The Petitioner's application was partially granted.
Orders
- IEBC to retain documents and materials in safe custody
- Petitioner and 1st Respondent to put seals on ballot boxes
- Petitioner to have access to information stored in KIEMS kits
- Petitioner to have access to certified copies of Form 35A and Form 35B
Remedies
- Access to ballot boxes and election materials
- Access to information related to KIEMS kits and polling stations
- Access to certified copies of Form 35A and Form 35B
Authorities cited
Legislation (3)
- Elections Act No. 24 of 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.
Loading judgment…