Mutisya Albanus Paul v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2754 (KLR)
- Court
- High Court of Kenya
- Case number
- 2754
- Citation
- [2017] KEHC 2754 (KLR)
- Decided
- 31 October 2017
Petitioner's supplementary affidavits are admitted, and Respondents are granted leave to file a replying affidavit. Petitioner's two certificates are ordered struck out and expunged from the record.
Facts
Petitioner filed supplementary affidavits and certificates, while Respondents filed a replying affidavit. Petitioner also filed two certificates.
Issues
- Whether Petitioner's supplementary affidavits and certificates should be admitted.
- Whether Petitioner's two certificates should be admitted and expunged.
Reasoning
The court found the supplementary affidavits were not intended to amend the petition but to support the application for scrutiny. The certificates were filed outside the statutory period and were found to amend the petition, prejudicing the Respondents.
Outcome
Petitioner's supplementary affidavits are admitted, and Respondents are granted leave to file a replying affidavit. Petitioner's two certificates are expunged from the record.
Orders
- Petitioner's supplementary affidavits are admitted.
- Respondents are granted leave to file a replying affidavit.
- Petitioner's two certificates are expunged from the record.
Authorities cited
Legislation (3)
- Elections (Parliamentary and County Elections) Petition Rules 2017
- Elections Act No. 24 of 2011
- Article 159(2)(d) of the Constitution of Kenya 2010
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