Monicah Gathoni Githae & another v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 13 (KLR)
- Court
- Magistrate's Courts
- Case number
- 13
- Citation
- [2017] KEMC 13 (KLR)
- Decided
- 6 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents filed preliminary objections
Holding
Court dismissed preliminary objections
Facts
Petitioners filed a petition challenging the nomination of 3rd, 4th, 5th, and 6th respondents. Respondents filed preliminary objections.
Issues
- Lack of jurisdiction of the court
- Incompetence and abuse of process
- Supporting affidavits
Reasoning
Court held that the court has jurisdiction to handle the petition and that the petition is not incompetent or an abuse of process.
Outcome
Petition dismissed
Authorities cited
Legislation (4)
- Elections Act 2001
- Elections (Parliamentary and County Elections) Petition Rules, 2017
- Independent Electoral and Boundaries Commission Act, 2011
- Constitution of Kenya 2010
Cases cited (2)
- Owners of Motor Vessel 'Lillian S' v. Caltex Oil (Kenya) Limited (1989) KLR 1
- Re Interim Independent Electoral Commission (2011) eKLR
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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