Joseph Kibiego Koech v Gabriel Mibei & 2 others [2017] KEMC 40 (KLR)
- Court
- Magistrate's Courts
- Case number
- 40
- Citation
- [2017] KEMC 40 (KLR)
- Decided
- 20 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for recount of votes
Holding
The court will consider the application for recount, but it must be established that there is a legal and factual basis for the request.
Facts
The Petitioner, Joseph Kibiego Koech, requested a recount of votes from Oldonyo Orok Primary School Polling Station number 067 due to alleged over-voting.
Issues
- Whether a legal and factual basis has been laid for the grant of an order for recount.
- Whether the Petitioner deserves the discretion of the court.
- Whether recount of votes will aid the court in a just and expeditious disposal of the election petition.
- What consequential orders, declarations, and reliefs should the court grant.
Reasoning
The court has the discretion to order a recount, but the Petitioner must provide sufficient reasons and evidence to support the request. The court will assess whether the recount is necessary and whether the reasons are satisfactory.
Outcome
The court will rule on the application for recount.
Orders
- To consider the application for recount and determine if there is a legal and factual basis for the request.
Authorities cited
Legislation (2)
- Elections Act Cap 7 Laws of Kenya
- Elections (Parliamentary and County Elections) Petition Rules, 2013
Cases cited (7)
- Gatirau Peter Munya vs. Dickson Mwenda Githinji and 2 Others
- Justus Gesito Mugali M'mbaya vs. IEBC and 2 Others
- Charles Ong'ondo Were vs. Joseph Oyugi Magwanga and 3 Others
- Richard Kalembe Ndile vs Patrick Musimba Mweu and 2 Others
- Nicholas Kiptoo Arap Salat vs. IEBC and 7 Others
- Hassan Mohammed Hassan vs. IEBC
- Elections (Parliamentary and County Elections) Petition Rules, 2017
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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