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Daudi Yusuf Heri v Independent Electoral and Boundaries Commission (IEBC) & 4 others [2017] KEMC 18 (KLR)

[2017] KEMC 18 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
18
Citation
[2017] KEMC 18 (KLR)
Decided
20 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's Petition Struck Out, Costs AwardedCoramLANGAT- KOECH C .BETTY
Holding

The petition is struck out for failing to comply with the Election Rules.

Facts

The petitioner, Daudi Yusuf Heri, challenged the election of Mwinyi Burudai Mwawandembo as a Member of County Assembly for Kwale, Tiwi Ward. He alleged importation of voters and other electoral malpractices at Chai and Mwachema primary school polling stations.

Issues

  1. Validity of the election of the 5th respondent
  2. Compliance with Election Rules

Reasoning

The court found the petition lacking in compliance with the Election Rules and thus struck it out.

Outcome

Petition Struck Out

Orders

  • Petition Struck Out
  • Costs Awarded to Respondents

Remedies

  • Instruction Fee Awarded to Respondents

Authorities cited

Legislation (2)
  • Election Act, 2011
  • Elections (Parliamentary and County Elections) Petition 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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