Kennedy Mose Nyagwaya v Independent Electoral & Boundaries Commision & 2 others [2013] KEMC 80 (KLR)
- Court
- Magistrate's Courts
- Case number
- 80
- Citation
- [2013] KEMC 80 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureInterlocutory ApplicationCoramK. Sambu PM
Holding
The application is suspended and kept in abeyance for the court to make a finding during the course of the main petition.
Facts
Petitioner filed an application seeking to summon witnesses and order the 1st and 2nd Respondents to produce ballot papers and counter-foils. The 1st and 2nd Respondents filed a reply affidavit.
Issues
- Summoning witnesses
- Ordering production of ballot papers and counter-foils
Reasoning
The court finds the witnesses sought to be called in evidence and holds that the prayers for the court to issue orders for the production of ballot papers and counter-foils can only be obtained upon a finding of the court after hearing all evidence.
Outcome
The application is suspended.
Orders
- Suspension of the application pending the hearing of the main petition
Authorities cited
Legislation (2)
- Election (Parliamentary and County Election) Petition Rules 2013
- Election Act 24 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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