John Mbaabu Murithi v Jacob Mwirigi Muthuri & 2 others [2013] KEMC 34 (KLR)
- Court
- Magistrate's Courts
- Case number
- 34
- Citation
- [2013] KEMC 34 (KLR)
- Decided
- 4 September 2013
The court orders partial scrutiny and recount limited to Marurui Primary School to determine the number of votes garnered by each candidate and if the results tally with what is recorded in form 35 for that polling station.
Facts
The petitioner filed an application for scrutiny and recount of all ballot papers in Kibirichia ward, which was initially allowed but later overturned by the High Court. The petitioner then raised the issue in his submissions.
Issues
- Whether the petitioner can file a fresh application for scrutiny and recount
- Whether the court can order partial scrutiny and recount limited to Marurui Primary School
Reasoning
The court found it necessary to investigate the allegations made by the petitioner and ordered partial scrutiny and recount based on the established principle that an order of scrutiny can be made at any stage of the hearing.
Outcome
The court ordered partial scrutiny and recount limited to Marurui Primary School.
Orders
- All documents and materials in respect to polling station No. 087 (Marurui Primary School) be delivered to court by the 3rd respondent.
Authorities cited
Legislation (1)
- Petition Rules 2013
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