Francis Ingosi Kaburu v Robert Lubwa Lutatwa & another [2013] KEMC 48 (KLR)
- Court
- Magistrate's Courts
- Case number
- 48
- Citation
- [2013] KEMC 48 (KLR)
The petition is fatally defective and is struck out. The 1st Respondent was eligible and validly elected as County Assembly Representative of Isukha North Ward. The Petitioner pays costs.
Facts
The Petitioner contested the election of Robert Lubwa Lutatwa as County Assembly Representative of Isukha North Ward, Kakamega County. The Petitioner alleged various irregularities and sought a recount, nullification of the election, and other orders.
Issues
- Eligibility of 1st Respondent to vie for the election
- Validity of 1st Respondent's election
- Existence of election malpractices
Reasoning
The court found the petition defective due to non-compliance with Rule 10(1) of the Election (Parliamentary & Count) Petitions Rules 2013. The court confirmed the 1st Respondent's election and ordered the Petitioner to pay costs.
Outcome
Petition struck out; 1st Respondent's election confirmed; Petitioner pays costs
Orders
- Petition struck out
- 1st Respondent's election confirmed
- Petitioner pays costs
Remedies
- Costs awarded to 1st Respondent and Commission
Authorities cited
Legislation (2)
- Elections Act 2011
- Election (Parliamentary & Count) Petitions Rules 2013
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