Walter Shiundu Murunga v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 110 (KLR)
- Court
- Magistrate's Courts
- Case number
- 110
- Citation
- [2017] KEMC 110 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks extension of time to deposit security for costsCoramEVANS W. MULEKA
Holding
Petitioner is ordered to deposit his security for costs before 2:00pm today
Facts
Petitioner filed a notice of motion under provisions 159 of Constitution, Rules 13 & 19 of the elections (parliamentary82 County Elections (Petition Rules -2017) and under a certificate of urgency. He sought to file Kshs.100,000/- as security for costs.
Issues
- Petitioner's failure to deposit security for costs within 10 days of filing the petition
- Court's ruling on the extension of time
Reasoning
The requirement to deposit security for costs is mandatory and not subject to judicial discretion. The petitioner had 10 days to deposit the security but failed to do so.
Outcome
Petitioner ordered to deposit security for costs
Orders
- Petitioner to deposit security for costs before 2:00pm today
Authorities cited
Legislation (2)
- Elections Act 2017
- Petitions Rules -2017
Cases cited (2)
- Esposito Franco Vs. Amason Jeffah Kingi and 2 others.
- Said Buya Hiribae Vs. Hassan Dukicha Abdi & others.
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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