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Aramisi Makokha Nakhone v Mukhwana Laban Wanzala & 2 others [2017] KEMC 15 (KLR)

[2017] KEMC 15 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
15
Citation
[2017] KEMC 15 (KLR)
Decided
19 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's appeal dismissedCoramHonourable George Dulu, Majanja
Holding

The petition is dismissed for want of security for costs.

Facts

The Petitioner filed a petition challenging the election of the 1st respondent as the Member of County Assembly for Bukhayo East County Assembly Ward. The 1st respondent was re-elected on 8th August 2017.

Issues

  1. Petition withdrawal
  2. Security for costs

Reasoning

The court ruled that an election petition cannot be withdrawn without the leave of the court, and the requisite security for costs was not deposited.

Outcome

Petition dismissed

Orders

  • Petition dismissed
  • Petitioner pays costs of respondents

Authorities cited

Legislation (2)
  • Elections Act, 2011
  • Elections (Parliamentary and County Elections) Petitions Rules, 2017
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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