Wilson Pkerer Chekeruk v Loporna Pyatich Lonyangatodo & 2 others [2017] KEMC 27 (KLR)
- Court
- Magistrate's Courts
- Case number
- 27
- Citation
- [2017] KEMC 27 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for extension of time for filing of further and additional witness affidavitsCoramV.O ADET, SENIOR RESIDENT MAGISTRATE
Holding
The application is dismissed with costs.
Facts
The petitioner sought to file further witness affidavits due to the pastoralist lifestyle of the witnesses, who were not available at the time of filing the petition.
Issues
- Whether the petitioner met the threshold for grant of leave to file further and additional witness affidavits.
- Whether allowing new evidence would prejudice the respondents and delay the timely conclusion of the case.
Reasoning
The court held that allowing the new evidence would prejudice the respondents and delay the timely conclusion of the case, as the dates for hearing the petition had already been set.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Legislation (3)
- Election Act No. 24 of 2011
- Elections (Parliamentary and County Elections) Petitions Rules, 2013
- Constitution of Kenya
Cases cited (2)
- Kitale Election Petition No 1 of 2017 Robinson Simiyu Wanga and anor vs Independent Electoral and boundaries commission and 2 others
- John Michael Njenga Mututho vs Jane Njeri Wanjiku Kihara and 2 others [2008] KLR 10
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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