Wilson Pkerer Chekeruk v Loporna Pyatich Lonyangatodo & 2 others [2017] KEMC 26 (KLR)
- Court
- Magistrate's Courts
- Case number
- 26
- Citation
- [2017] KEMC 26 (KLR)
- Decided
- 20 November 2017
The application is allowed in the following terms: The 2nd and 3rd Respondents to deliver to court the electronic voting gadgets (KIEMS KIT) and the voters register on the trial days in respect of Amolem Primary School Mobile Polling Station Code No. 037 in Masool Ward Sigor Constituency, West Pokot County. Cost of the application shall be in the cause.
Facts
The petitioner alleged that many voters in the mentioned polling stations were not allowed to vote due to lack of their biometric data in the electronic voting gadgets of the 2nd and 3rd Respondents.
Issues
- Delivery of electronic voting gadgets and voters registers
- Cost of the application
Reasoning
The court allowed the application as it was within its discretion to ensure that the voters had a chance to vote, given the allegations of voters being denied a chance to vote due to lack of their biometric data in the electronic voting gadgets.
Outcome
Allowed
Orders
- Delivery of electronic voting gadgets and voters registers
Remedies
- Cost of the application shall be in the cause
Authorities cited
Legislation (3)
- Election (Parliamentary and County Elections) Petitions Rules
- Elections Act, 2011
- Constitution of Kenya
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