Amos Kimutai Birir v Hillary Kipyegon Bett & 2 others [2017] KEMC 14 (KLR)
- Court
- Magistrate's Courts
- Case number
- 14
- Citation
- [2017] KEMC 14 (KLR)
- Decided
- 30 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's petition was struck out due to lack of serviceCoramMuriithi J.
Holding
The petition is struck out due to lack of service and failure to deposit security for costs
Facts
The petitioner was a County Assembly candidate in Kapkatet Ward, Kericho County. He lost the election to the 1st respondent and filed a petition alleging irregularities and malpractices.
Issues
- Service of the petition
- Security for costs
Reasoning
The court held that service of the petition is a mandatory requirement and that the petitioner failed to comply with the law regarding security for costs.
Outcome
The petition was struck out
Orders
- The petition is struck out with costs to the respondents
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
- Elections Act
Cases cited (1)
- Kisii Petition No.6 of 2015 Fatuma Zainabu Mohamed vs. Ghati Dennitali & 10 others (unreported)
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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