Nixon Sunte Karaine v Paul Kipamet Matuya & 2 Others [2017] KEMC 24 (KLR)

Facts

The petition was filed by Nixon Sunte Karaine against Paul Kipamet Matuya, the Returning Officer of IEBC Kajiado East Sub-County, and the IEBC Commission. The respondent filed an interlocutory application to expunge certain paragraphs of the petition and affidavits, and to strike out certain affidavits.

Issues

1. Whether the persons complained of in the petition are respondents.
2. Whether the affidavits in support of the petition comply with the provisions of the Elections (Parliamentary and County Elections) Petitions Rules and the Civil Procedure Rules.
3. Whether the affidavits in support of the petition offend the provisions of the Oaths and Statutory Declarations Act.
4. Whether the affidavits in support of the petition are frivolous, irrelevant, general in nature, unsubstantiated, and improper.
5. Whether the failure to file a substantive response to the application can be taken as conceding to the application on the part of the petitioner.

Reasoning

The court considered the petition and the affidavits in support of it, and found that the affidavits were not frivolous, irrelevant, general in nature, unsubstantiated, or improper. The court also found that the failure to file a substantive response to the application cannot be taken as conceding to the application.

Outcome

The application was dismissed.

Authorities cited