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Turibu Moses Kinyua v Andrew Kobia M’eringo & 2 others [2013] KEMC 76 (KLR)

[2013] KEMC 76 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
76
Citation
[2013] KEMC 76 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Application to Strike Out PetitionCoramJ.K Kingori CM, J.G Kingori CM
Holding

The court finds the application to be a fishing expedition and disallows it.

Facts

The petitioner filed an election petition against the 1st and 2nd respondents regarding the election of a County Representative for Muthara ward. The 2nd respondent claimed he was never served with the petition.

Issues

  1. Service of the petition
  2. Jurisdiction of the court

Reasoning

The court ruled that the 2nd respondent was never served with the petition and that the application was speculative and unlawful.

Outcome

Application to strike out the petition dismissed.

Authorities cited

Legislation (2)
  • Elections Act
  • Elections (General) Regulations 2012
Cases cited (1)
  • Masinde v Bwire (2008) KLR
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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