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David Wamatsi Omusotsi v Returning Officer Mumias East Constituency & 2 others [2017] KEHC 2710 (KLR)

[2017] KEHC 2710 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2710
Citation
[2017] KEHC 2710 (KLR)
Decided
2 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication dismissedCoramJesse Njagi
Holding

The petition is dismissed as the ruling dated November 2, 2017, struck out the petition in its entirety.

Facts

Petitioner filed a notice of motion seeking orders regarding the 1st and 2nd respondent's response, further affidavits, and other matters related to the election.

Issues

  1. Striking out the 1st and 2nd respondent's response
  2. Admitting the petitioner's further affidavits
  3. Restraining the 3rd respondent from interfering with witnesses
  4. Directing the 1st and 2nd respondents to provide polling station information

Reasoning

The court ruled that the petition was dismissed due to the previous ruling striking out the petition in its entirety.

Outcome

Application dismissed

Orders

  • The 1st and 2nd respondent's response be struck out
  • The honourable court be pleased to admit the petitioner/applicant’s further affidavits as duly filed with leave
  • The 3rd respondent, his agents, servants, employees and/or relatives be restrained from interfering with, approaching and/or intimidating witnesses
  • The 1st and 2nd respondents be directed to supply and/or provide the petitioner/applicant with all forms 35As, list of all presiding and deputy officers and stations of work and poll station diaries for all polling stations
  • The costs be in the cause
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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