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Michael Odoyo Nyakwaka v Boaz Owiti Okoth & 2 others [2013] KEMC 5 (KLR)

[2013] KEMC 5 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
5
Citation
[2013] KEMC 5 (KLR)
Decided
7 August 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication to withdraw an election petitionCoramDAVID K. KEMEI
Holding

The application to withdraw the election petition is granted.

Facts

The petitioner filed an application to withdraw the election petition, supported by an affidavit, citing mutual consent and the interest of the petitioner and the people of North Kadem Ward. The 1st Respondent opposed the application, arguing it was made late after the petition was heard.

Issues

  1. Withdrawal of the election petition
  2. Timing of the application

Reasoning

The court granted the application as the petitioner and the 1st Respondent had reached mutual consent to withdraw the petition, and the timing of the application was not a valid reason to oppose it.

Outcome

Granted

Orders

  • Application to withdraw the election petition is granted
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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