Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi & 3 others [2017] KEHC 2902 (KLR)
- Court
- High Court of Kenya
- Case number
- 2902
- Citation
- [2017] KEHC 2902 (KLR)
- Decided
- 23 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureNotice of Preliminary Objection and Notice of Motion filed
Holding
The petition is a nullity as it was filed outside the 28-day period after the declaration of results.
Facts
The petition was filed on 07.09.2017, outside the 28-day period after the declaration of results on 09.08.2017. The Returning Officer declared the results on 09.08.2017 and issued the Certificate to the winner.
Issues
- Whether the petition filed on 07.09.2017 is a nullity due to being filed outside the 28-day period after the declaration of results.
- Whether the Elections Court has the discretion to extend the time for filing the petition if it is filed out of time.
Reasoning
The court ruled that the petition is a nullity because it was filed outside the 28-day period after the declaration of results on 09.08.2017, as per Article 87(2) of the Constitution and Section 77(1) of the Elections Act, 2011.
Outcome
The petition is dismissed with costs.
Orders
- The petition is dismissed with costs.
- The petition is a nullity.
Authorities cited
Legislation (3)
- Article 87(2) of the Constitution of Kenya 2010
- Section 77(1) of the Elections Act, 2011
- Rule 19(1) and (2) of the Elections (Parliamentary and County Elections) Petition 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.
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