Abdinoor Adan Abdikarim v Independent Electrol and Boundaries Commission & another [2013] KEMC 38 (KLR)
- Court
- Magistrate's Court
- Case number
- 38
- Citation
- [2013] KEMC 38 (KLR)
- Decided
- 25 March 2013
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent/Applicants raised issues regarding gazette notice no 5381 and misdescription of the electoral area.CoramB., B. J. NDEDA SPM
Holding
The court finds the court competent and properly constituted, with jurisdiction conferred by the gazette notice no 5382.
Facts
The petitioner filed an election petition in Garissa Chief Magistrate's Court, which was contested by the respondent/applicants.
Issues
- misdescription of the electoral area in gazette notice no 5381
- jurisdiction of the court
Reasoning
The court considers the error in the gazette notice as trivial but brings it to the attention of the Chief Justice for strict compliance with the election petition rules.
Outcome
The petition proceeds in the court as gazetted, with the error in the gazette notice to be brought to the attention of the Chief Justice.
Orders
- Petition to proceed in this Court as gazetted unless otherwise directed
- Error in gazette notice no 5382 to be brought to the attention of the Chief Justice
- Costs in the cause
Authorities cited
Legislation (5)
- Elections Act 2011
- Rule 6 of the elections petitions Rules 2013
- Rule 4(1) of the elections petitions Rules 2013
- Rule 34 of the elections petitions Rules 2013
- Rule 38(b) of the elections petitions Rules 2013
Cases cited (2)
- Civil Application No. 2 of 2011 Samuel Kamau Macharia Vs. Kenya Commercial Bank and two others
- Interim Independent Electoral Commission Constitutional Application No. 2 of 2011
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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