Francis Ingosi Kaburu v Robert Lubwa Lutatwa & another [2013] KEMC 73 (KLR)
- Court
- Magistrate's Courts
- Case number
- 73
- Citation
- [2013] KEMC 73 (KLR)
The court rejected the application for recounting and scrutinizing votes cast, finding no serious anomalies and a wide margin between the votes cast for the winner and the loser.
Facts
The petition was filed by Francis Ingosi Kaburu against Robert Lubwa Lutatwa and another, seeking scrutiny and recount of votes in ISUKHA NORTH COUNTY WARD on 4th March 2013. The court was presented with evidence of bribery and assistance of illiterate voters.
Issues
- Whether the petitioner has laid basis for recounting and scrutinizing votes cast
- Whether the margin between the winner and the second person is too wide to necessitate interference with the ballot papers as cast
Reasoning
The court found that the margin between the winner and the second person was too wide to necessitate interference with the ballot papers as cast, and that the evidence presented did not show any serious malpractices affecting the votes.
Outcome
The application by the petitioner to have the cast ballot papers recounted and scrutinized is hereby rejected.
Orders
- Application for scrutiny and recount of votes cast rejected
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