Dubat Ali Amey v Independent Electoral and Bounderies Commission & 3 others [2014] KEMC 5 (KLR)
- Court
- Magistrate's Courts
- Case number
- 5
- Citation
- [2014] KEMC 5 (KLR)
- Decided
- 3 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's Petition vs Respondents' Response
Holding
The court determined that GEDI ADOW ABDI was not lawfully nominated and that the nomination was irregular, unlawful, and void, and it was nullified.
Facts
The petitioner filed a petition alleging irregularity in the nomination of GEDI ADOW ABDI to the County Assembly of Garissa. The 1st and 2nd respondents filed a replying affidavit, while the 3rd respondent responded to the petition.
Issues
- Whether the petition complies with the provisions of the Elections Act, 2011 and the regulations thereunder.
- Whether the matter is Res Judicata.
- Whether the 3rd respondent was eligible for nomination as a member of the county Assembly.
- Whether the nomination and gazettement of the 3rd respondent as a member of the Garissa county assembly was in accordance with the law.
- Who should bear costs of the petition.
Reasoning
The burden of proof lies with the petitioner, and the court held that the nomination was irregular and unlawful.
Outcome
The nomination of GEDI ADOW ABDI was nullified.
Orders
- It be determined that the said GEDI ADOW ABDI was not lawfully nominated and that the said nomination was irregular, unlawful and void and the same be nullified.
- The honourable court do declare that the petitioner herein DUBAT ALI AMEY as the duly nominated member of Orange Democratic Movement to the County assembly of Garissa County under the special seat in place of GEDI ADOW ABDI.
Remedies
- Costs of the petition and interest.
Authorities cited
Legislation (2)
- Elections Act, 2011
- Elections (Parliamentary and County Elections) Petition Rules, 2013
Cases cited (3)
- Onalo -vs- Ondeki (2008) 3 KLR (EP) 500
- Benard Shinali -vs- Boni Khalwale 2011 EKLR
- Raila Odinga -Vs- IEBC & 3 Others, Election Petition No.5 of 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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