Sitati Peter Juma v Sitati Daniel Wanyama & 2 others [2018] KEHC 8841 (KLR)
- Court
- High Court of Kenya
- Case number
- 8841
- Citation
- [2018] KEHC 8841 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from original trial outcomeCoramTuiyot
Holding
The court denied the application for scrutiny and recount, stating that the Petitioner is on a fishing expedition and the minor irregularities are unlikely to alter the victory margin.
Facts
The Petitioner filed a Petition alleging various irregularities, malpractices, illegalities, anomalies, and breach of the law. The hearing concluded on November 23, 2017, and the Petitioner sought for an order for scrutiny and recount of votes in the entire Webuye West Constituency.
Issues
- Whether the court can grant an order directing scrutiny of electoral materials and recount of votes in the entire Webuye West Constituency
Reasoning
The court found that the Petitioner did not meet the required threshold and that the difference in margin is significant. The court also noted that the application included Polling Stations not mentioned in the Petition or evidence.
Outcome
Denied
Orders
- Application for scrutiny and recount of votes in the entire Webuye West Constituency was denied
Authorities cited
Legislation (2)
- Elections Act No. 24 of 2011
- Election (Parliamentary and County Elections) Petitions Rule 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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