Japhet Kirimi Kobia v Julius Kabira Ambau & 2 others [2013] KEMC 33 (KLR)
- Court
- Magistrate's Courts
- Case number
- 33
- Citation
- [2013] KEMC 33 (KLR)
- Decided
- 18 September 2013
The elections held on 4th March 2013 for Athiru Ruujine ward were free, fair and conducted in accordance to the constitution, the relevant laws and regulations. The 1st respondent was validly elected.
Facts
The petitioner, Japhet Kirimi Kobia, was a county representative candidate in the elections held on 4th March 2013 for Athiru Ruujine ward. He claimed that the 1st respondent, Julius Kabira Ambau, and his supporters engaged in widespread bribery and vote buying, leading to the invalidation of his votes.
Issues
- Whether the 1st respondent and his supporters committed election offences in the elections
- Whether the 2nd and 3rd respondents and their subordinates conducted the elections in a manner substantially inconsistent with the provision of the Constitution and other written laws
- Whether the validity, integrity and audibility of the elections were as compromised
- Whether there was vital bribery by agents of the 1st respondent
- Whether the votes cast were properly tallied
- Whether the petitioner's prayers should be allowed
Reasoning
Although there were arithmetic errors and entries made by various clerks at the tallying centre, the same did not affect the results of the election. The petitioner failed to prove allegations of multiple election offences to the required standard.
Outcome
Petition dismissed
Orders
- Costs to the respondent
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