Samira Abdirahman Hassan v Independent Electrol and Boundaries Commission & 8 others [2017] KEMC 34 (KLR)
- Court
- Magistrate's Courts
- Case number
- 34
- Citation
- [2017] KEMC 34 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks to strike out names and revoke gazette noticeCoramE. Wanjala
Holding
The petition is dismissed, and the 5th respondent is declared validly nominated and gazzetted.
Facts
The petitioner and 5th, 6th, and 7th respondents are members of the National Rainbow Coalition Party (NARC-K) and were submitted to the Independent Electoral and Boundaries Commission (IEBC) for nomination in Mandera County Assembly. The IEBC subsequently published the list, and the petitioner claims the list was faulty due to discrepancies in ethnic backgrounds.
Issues
- Whether the names of NASRA NOOR MOHAMMED, RUKIA ABDULLAHI, and FATUMA ADOW JIBRIL should be struck out from the party list
- Whether the gazette notice declaring the 5th respondent as validly nominated should be revoked
- Whether the 3rd respondent should substitute the name of NASRA NOOR MOHAMMED with that of SAMIRA ABDIRAHMAN HASSAN
Reasoning
The court held that the petitioner did not discharge the burden of proof and standard of proof required in election petitions, and the 5th respondent was validly nominated and gazzetted.
Outcome
Petition dismissed
Orders
- Nasra Noor Mohammed declared validly nominated and gazzetted
Remedies
- Petitioner bears costs capped at Kshs. 200,000/=; 1st, 2nd, 3rd, 4th, and 5th respondents each bear costs capped at Kshs. 100,000/=
Authorities cited
Legislation (6)
- Elections Act 2011
- Elections (Parliamentary and County Elections) Petitions Rules
- Elections (General) Regulations 2013
- Elections (Party Primaries & Party List) Regulations 2017
- National Rainbow Coalition Party (NARC-Kenya) Nomination Rules 2016
- Nomination for Member of County Assembly in Mandera County
Cases cited (1)
- Raila Odinga v Independent Electoral and Boundaries Commission & 3 Others Supreme Court Petition No. 5 of 2013
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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