Charles Obara Orito & another v Independent Electoral and Boundaries Commission& 2 others [2018] KEHC 8657 (KLR)
- Court
- High Court of Kenya
- Case number
- 8657
- Citation
- [2018] KEHC 8657 (KLR)
- Decided
- 5 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramAburili, Githua, Musinga, KLR, Lenaola, Like Rawal, Maraga, Mutuku, Okeyo
Holding
The court found that the election was conducted in conformity with the Constitution and laws governing elections.
Facts
General elections were held on August 8, 2017, in Kisii County, Kenya. The 3rd Respondent, Samson Ongeri Kegengo, was declared the winner with a margin of 64,687 votes over the second place candidate, James Omingo Magara.
Issues
- Whether the election was conducted in conformity with the Constitution and laws governing elections.
- Whether there were irregularities and/or illegalities that affected the validity of the election result.
- Whether the 3rd Respondent committed election offenses.
- Who should bear the costs of the petition.
Reasoning
The court evaluated the evidence and found no irregularities or illegalities that affected the validity of the election result.
Outcome
Affirmed
Authorities cited
Legislation (4)
- Elections (General) Regulations, 2012
- Elections (Parliamentary and County) Petitions Rules 2017
- Elections Act, No. 24 of 2011
- Constitution of Kenya 2010
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.
Loading judgment…