Shiyenji Silas Muyeyia & another v Benson Manuni Mulinya & 2 others [2017] KEMC 29 (KLR)
- Court
- Magistrate's Courts
- Case number
- 29
- Citation
- [2017] KEMC 29 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's motion to strike out the Response and Further AffidavitCoramE. MALESI, S.R.M
Holding
The Response and Further Affidavit are struck out as no leave was sought before filing the same.
Facts
The petition challenges the election of the 1st Respondent as the Member of County Assembly (MCA) for Idakho East Ward. Two issues emerged during pre-trial conference: whether the Response and Further Affidavit are properly on record, and whether the 1st Petitioner can make an application for scrutiny and recount.
Issues
- Whether the Response and Further Affidavit are properly on record.
- Whether the 1st Petitioner can make an application for scrutiny and recount at this stage and/or at the hearing of the petition.
Reasoning
Rule 12(9) of the Elections Petitions Rules, 2017 requires leave to be sought before filing supplementary affidavits. The court found that the Further Affidavit was not filed with leave and thus should be struck out.
Outcome
The Response and Further Affidavit are struck out.
Orders
- The Response and Further Affidavit are struck out.
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
- Elections Act, Act No 24 of 2011
Cases cited (2)
- Joseph Kiponda v Independent Electoral & Boundaries Commission (IEBC) & Another [2013] eKLR
- Ahmed Abdullahi Mohamad & Another v Mohamed Abdi Mohamed & 2 Others [2017] eKLR
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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