Erick Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 91 (KLR)
- Court
- Magistrate's Courts
- Case number
- 91
- Citation
- [2013] KEMC 91 (KLR)
- Decided
- 24 May 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's application denied, granted leave to appealCoramSN ABUYA
Holding
Petitioner is entitled to a copy of the marked register but not the principal register or form 33s, which are inside the ballot boxes and require a court order to access.
Facts
Petitioner requested IEBC to produce certified copies of the principal Register of voters and forms 33 and 35 used in the 4th March 2013 county Assembly election in Sitikho ward.
Issues
- Petitioner's right to information under Article 35 of the Constitution
- IEBC's obligation to provide information
Reasoning
The court found the petitioner's request for the principal register and form 33s was unreasonable and not covered in the original application. The petitioner was granted leave to appeal.
Outcome
Application denied, leave to appeal granted
Orders
- IEBC to supply certified copies of the marked register
- IEBC to supply copies of the marked register when brought to court for scrutiny and recount
Remedies
- Petitioner to make copies of the marked register when brought to court for scrutiny and recount
Authorities cited
Legislation (3)
- Article 35 of the Constitution
- Election Act 2011
- Elections (Parliamentary & County Elections) Petition Rules 2013
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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