Langat Donnie Kiptoo Arap v Sikuku Martin Simotwo, Constituency Returning Officer, Langata Constituency & 2 others [2017] KEMC 108 (KLR)

Facts

The Petitioner, Langat Donnie Kiptoo Arap, was the Jubilee Party candidate for the Member of County Assembly for South C Ward, Langata Constituency. The 3rd Respondent, ABDI OSMAN KHALIF, was the Orange Democratic Candidate. The 2nd Respondent, Sikuku Martin Simotwo, was the Constituency Returning Officer. The 2nd Respondent conducted elections on 8th August 2017, and the 3rd Respondent was returned as the winner.

Issues

1. Whether the application for preservation and safekeeping of KIEMS kits should be allowed.
2. Whether the 2nd Respondent has failed to preserve and safely store data and election materials.

Reasoning

The court found that the Petitioner only sought preservation of the KIEMS kits and not other election materials. The court also noted inconsistencies and discrepancies in the election results.

Outcome

Denied

Authorities cited