Milton Kimani Waitinga v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2670 (KLR)
- Court
- High Court of Kenya
- Case number
- 2670
- Citation
- [2017] KEHC 2670 (KLR)
- Decided
- 18 October 2017
The Petition is hereby struck out and the Respondents are awarded the costs of the Application and the Petition.
Facts
The Petitioner, Milton Kimani Waitinga, challenged the election of Member of the National Assembly for Kabete Constituency, alleging misconduct during the 2017 elections. The Petition was filed within the 28-day period and served on time. The 3rd Respondent filed a Notice of Motion seeking to dismiss the Petition and award costs.
Issues
- Jurisdiction of the Court to hear the Petition
- Requirement to deposit security for costs
Reasoning
The Court found that the Petitioner failed to deposit security for costs within the stipulated 10-day period, which is a substantive requirement underpinning the jurisdiction of the court to deal with the dispute. The Court concluded that the Petitioner is not serious about prosecuting the Petition.
Outcome
The Petition is struck out.
Orders
- Petition struck out
- Respondents awarded costs of the Application and the Petition
- Certificate of determination issued to the Independent Boundaries and Electoral Commission and the Speaker of the National Assembly
Authorities cited
Legislation (2)
- Elections Act, 2011
- Elections (Parliamentary and County) Elections Regulations, 2017
Cases cited (3)
- Kumbatha Naomi Cidi v County Returning Officer, Kilifi & 3 Others [2013] eKLR
- Esposito Franco v Amason Kingi Jeffah & 2 Others (Nairobi Civil Appeal No. 248 of 2008)
- Kisii Election Petition No.6 of 2013 – Fatuma Zainabu Mohamed – vs- Ghati Dennitali & 10 Others (unreported)
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