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Wilson Pkerer Chekeruk v Loporna Pyatich Lonyangatodo & 2 others [2017] KEMC 26 (KLR)

[2017] KEMC 26 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
26
Citation
[2017] KEMC 26 (KLR)
Decided
20 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for delivery of electronic voting gadgets and voters registersCoramV. O. ADET, SENIOR RESIDENT MAGISTRATE
Holding

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

  1. Delivery of electronic voting gadgets and voters registers
  2. 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
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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