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Naomi Wangechi Gitonga & 3 others v Independent Electoral & Boundaries Commission (IEBC) & 14 others [2014] KEMC 1 (KLR)

[2014] KEMC 1 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
1
Citation
[2014] KEMC 1 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePreliminary ObjectionCoramW.A. JUMA
Holding

The court ruled that the petition is not statute barred and has jurisdiction to grant the declarations sought by the petitioners.

Facts

The petitioners are challenging the jurisdiction of the court in handling the election petition against the respondents.

Issues

  1. Jurisdiction of the court
  2. Statute bar

Reasoning

The court found that the petition was filed within the 28-day period after the publication of the Kenya Gazette Notice and thus not statute barred. The court also determined that it has jurisdiction to grant the declarations.

Outcome

The court dismissed the preliminary objection.

Authorities cited

Legislation (2)
  • Elections Act, 2011
  • Elections 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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