Barlex Samuel Juma Pius v Independent Electoral Boundaries Commission & 2 others [2017] KEMC 35 (KLR)
- Court
- Magistrate's Courts
- Case number
- 35
- Citation
- [2017] KEMC 35 (KLR)
- Decided
- 18 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Application
Holding
The court struck out the further affidavit and ordered the costs of the application to be provided for.
Facts
Petitioner sought leave to file a further affidavit in support of the petition, but filed it 12 days after the deadline.
Issues
- Petitioner's right to file a further affidavit
- Prejudice to other parties if the further affidavit is admitted
Reasoning
The court found that the further affidavit was filed after the deadline and that admitting it would prejudice the other parties.
Outcome
Application dismissed
Orders
- Further affidavit and annexed affidavits struck out
- Costs provided for
Authorities cited
Legislation (3)
- Article 87(1) and (2) of the Constitution of Kenya 2010
- R.15(I)(h) of the Elections (Parliamentary and County Elections) Petition Rules 2017
- S.3A CPA
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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