Khamisi Butichi Ramadhani v Independent Electoral and Boundaries Commission & 2 others [2018] KEHC 8817 (KLR)
- Court
- High Court of Kenya
- Case number
- 8817
- Citation
- [2018] KEHC 8817 (KLR)
- Decided
- 1 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's appeal dismissedCoramRUTH N. SITATI
Holding
The petition is dismissed with costs to the respondents
Facts
The election for the Member of the National Assembly of Ikolomani Constituency was held on August 8, 2017, with Bernard Masaka Shinali winning. The petitioner, Butichi Ramadhani, contested the results alleging election malpractice.
Issues
- Whether the election was conducted in accordance with the Elections Act
- Whether the 2nd Respondent committed election malpractice
- Whether the 2nd Respondent was validly elected
- Whether the petitioner is entitled to the reliefs sought in the petition
- Which party bears the cost of the petition
Reasoning
The court dismissed the petition as the petitioner failed to prove that the election was conducted in violation of the Constitution and electoral laws, and the irregularities did not affect the result of the election.
Outcome
Petition dismissed
Orders
- Instruction fees capped at Kshs.3,500,000 for 1st and 3rd Respondents, and Kshs.3,500,000 for 2nd Respondent
- 2nd Respondent, Shinali Benard Masaka, was validly elected
- Investigation into Thomas Bendera Mukabwa's conduct on August 8, 2017
- Costs to be taxed by the Deputy Registrar
Authorities cited
Legislation (3)
- Elections Act 2011
- Elections (Parliamentary and County Elections) Petition Rules, 2017
- Constitution of Kenya 2010
Cases cited (2)
- Raila Odinga & another v Independent Electoral and Boundaries Commission and 2 others Presidential Election Petition no. 1 of 2017 [2017]eKLR
- Gatirau Peter Munya v Dickson Mwenda Kithinji and 2 Others SCK Petition No. 2B of 2014 [2014]eKLR
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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