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Lenny Maxwell Kivuti v Independent Electoral And Boundaries Commission (IEBC) & 3 others [2017] KEHC 2890 (KLR)

[2017] KEHC 2890 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2890
Citation
[2017] KEHC 2890 (KLR)
Decided
16 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' motion for directionsCoramW. MUSYOKA
Holding

Varying the consent orders to allow retrieval of KIEMS Kits and sealing of ballot boxes, with specific timelines and conditions

Facts

The petitioner challenged the validity of the Embu County Governor election, 2017. The court ordered the release of KIEMS Kits for gubernatorial elections and storage of data from the kits.

Issues

  1. Interpretation of consent orders
  2. Availability of space for storage

Reasoning

The court found that the consent orders were ambiguous and that the petitioner was shifting goals. The court allowed retrieval of KIEMS Kits and sealing of ballot boxes under specific conditions.

Outcome

Varying the consent orders

Orders

  • Premises opened for retrieval of KIEMS Kits
  • Sealing of ballot boxes by 3rd and 4th respondents
  • Reports to be prepared by parties
  • Police officer to provide security
  • 1st respondent to take custody of all materials

Remedies

  • Varying consent orders to facilitate retrieval and sealing of materials
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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