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Kapusia Ole Saloni v James Kipas Langues & 2 others [2017] KEMC 100 (KLR)

[2017] KEMC 100 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
100
Citation
[2017] KEMC 100 (KLR)
Decided
19 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for leave to file further affidavitsCoramMS KARAN, Majanja, Ogola
Holding

The Court grants leave to file the affidavits

Facts

The Petitioner seeks to file affidavits out of time alleging irregularities at polling stations.

Issues

  1. Whether the Court should grant leave to file further affidavits
  2. Whether the admission of new evidence is prejudicial to the Respondents

Reasoning

The Court grants leave to file the affidavits as they do not introduce new issues and do not unfairly disadvantage the Respondents.

Outcome

Leave granted

Orders

  • Petitioner granted leave to file further affidavits

Authorities cited

Legislation (2)
  • Elections (Parliamentary and County Elections) Petition Rules 2017
  • Article 159 of the Constitution
Cases cited (3)
  • Joel Makori Onsando Kunga & Another v Independent Electoral and Boundaries Commission & 4 others [2017] eKLR
  • Arthur Kibira Apungu & Another vs IEBC & 2 Others [2013] eKLR
  • Raila Odinga v Independent Electoral and Boundaries Commission & 3 Others, Supreme Court 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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