Clement Kungu Waibara v Annie Wanjiku Kibeh & another [2018] KEHC 7724 (KLR)
- Court
- High Court of Kenya
- Case number
- 7724
- Citation
- [2018] KEHC 7724 (KLR)
- Decided
- 1 March 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramApaloo, Kimaru, Lenaola, Maraga, Mwongo, R. Mwongo, Supreme Court Justice
Holding
The election was found to be invalid due to irregularities and the declaration of the winner is null and void. A fresh election is ordered.
Facts
The 1st Respondent, Annie Wanjiku Kibeh, was declared the winner of the Gatundu North Constituency election on August 8, 2017. The Petitioner, Clement Kungu Waibara, contested the election and filed a petition alleging various irregularities.
Issues
- Validity of the election
- Validity of the declaration of the winner
- Recount of votes
- Criminal prosecution of electoral malpractice
Reasoning
The court found that the election was not free, fair, and transparent, and that the tallying and collation of votes were marred with violence and improper influence.
Outcome
Appeal upheld, original election declared invalid, new election ordered
Orders
- Declaration of invalidity of the election
- Declaration of invalidity of the declaration of the winner
- Order for a recount of votes
- Order for a fresh election
- Order for the 2nd Respondent to pay the legal costs of the 1st Respondent
Remedies
- Declaration of invalidity of the election
- Declaration of invalidity of the declaration of the winner
- Order for a recount of votes
- Order for a fresh election
Authorities cited
Legislation (3)
- Elections Act, 2011
- Elections (General) Regulations, 2012
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
Cases cited (6)
- SADC Principles and Guidelines Governing Democratic Elections
- Report of the International Review Commission (IREC)
- Heidi Evelyn & Waikwa Wanyoike, A New Dawn Postponed
- Donlan v. Cooke
- Pearson v. Parsons
- Louis Wolcher, Law's Task: The Tragic Circle of Law, Justice and Human Suffering
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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