Jeremiah Nyangwara Matoke v Independent Electoral and Boundaries Commission & 2 others [2018] KEHC 8812 (KLR)
- Court
- High Court of Kenya
- Case number
- 8812
- Citation
- [2018] KEHC 8812 (KLR)
- Decided
- 23 January 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramMaina, Majanja, Maraga, Odero
Holding
The application for scrutiny is dismissed as the applicant's claim is not specific and particularized.
Facts
The petitioner, Jeremiah Nyangwara Matoke, filed a Notice of Motion seeking scrutiny of Forms 35A in ballot boxes and election results posted on the IEBC website for various polling stations in Bomachoge Chache Constituency.
Issues
- Whether the application for scrutiny falls within the conditions and principles set for the grant of an order for scrutiny.
- Whether the applicant's claim of irregularities in the forms 35A is specific and particularized.
Reasoning
The court found that the applicant's application was not specific enough to identify the polling stations and forms that were alleged to be irregular. The court also noted that the applicant did not prove the existence and source of the flash disk containing the forms.
Outcome
Application for scrutiny dismissed
Authorities cited
Legislation (2)
- Elections Act 2011
- Elections (Parliamentary and County Elections) Petition Rules 2017
Cases cited (1)
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others
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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