Charles Kimeli Korir v Ezekiel Juma & 2 others [2013] KEMC 19 (KLR)
- Court
- Magistrate's Courts
- Case number
- 19
- Citation
- [2013] KEMC 19 (KLR)
- Decided
- 27 September 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks a recount of votes and declaration of rightful winnerCoramD.S. Majanja, Muchelule, Justice Karanja
Holding
Court ordered a recount of votes in Kabisaga ward and directed the 2nd respondent to issue a certificate of election to the rightful member of County Assembly, Kabisaga ward.
Facts
Charles Kimeli Korir and 5 other candidates contested for the seat of member of County Assembly, Kabisaga ward in Mosop Constituency, Nandi County. Baruch Kipchirchir Suge was declared the winner with 3219 votes, while Charles Korir had 3217 votes.
Issues
- Recount of votes in Kabisaga ward
- Declaration of rightful winner
- Certificate of election to be issued to rightful member
- Revocation of gazettment of 3rd respondent as elected member
- Cancellation of certificate of election issued to 3rd respondent
- Petitioner's costs
Reasoning
The court found that the results were close and a recount was necessary to ensure fairness.
Outcome
Petition granted, recount ordered
Orders
- Recount of votes in Kabisaga ward
- Release of ballot boxes to 2nd respondent after review of 2 rejected votes at Chepkoiyo polling station
Remedies
- Recount of votes
- Certificate of election to rightful member
- Revocation of gazettment of 3rd respondent
- Cancellation of certificate of election issued to 3rd respondent
- Petitioner's costs
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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