Jamal Abdi Hassan v Diriye Bare Abdi &2 others [2017] KEMC 38 (KLR)
- Court
- Magistrate's Courts
- Case number
- 38
- Citation
- [2017] KEMC 38 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent seeks to strike out the petitionCoramKIAGE
Holding
The petition is incurably defective and is struck out
Facts
The 1st Respondent filed an application seeking to strike out the petition and supporting affidavit of the petitioner due to various procedural defects.
Issues
- Petition and supporting affidavit are defective
- Petition does not state address of petitioner
- Petition does not state results of election
- Petition does not state date of election results declaration
- Supporting affidavit does not state address of petitioner
- Supporting affidavit does not state date of election
- Supporting affidavit does not state results of election
Reasoning
The petition and supporting affidavit are defective and do not comply with mandatory provisions of the Elections (Parliamentary and County Elections) Petition Rules 2017, rendering the petition bad in law and incompetent.
Outcome
Petition struck out
Orders
- Petition struck out with costs to respondents
Authorities cited
Legislation (1)
- Elections (Parliamentary and County Elections) Petition Rules 2017
Cases cited (5)
- Jacob Mwirigi Muthuri Versus John Mbaabu Muriithi & 2 others (2013) eklr
- Mbaraka Issa Kombo Vs. Independent Electoral and Boundaries Commission & 3 others (2017) iKLR
- John Mututho Vs. Jayne Kihara (2008) eKLR
- Jimmy Mkala Kazungu Vs. IEBC & 2 others (2017) eKLR
- Nicholas Kiptoo Arap Korir Salat VS. IEBC & 6 others (2013) 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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