Erick Ouma Opany v Independent Electoral & Bounderies Commission (IEBC) & another [2017] KEMC 42 (KLR)
- Court
- Magistrate's Courts
- Case number
- 42
- Citation
- [2017] KEMC 42 (KLR)
- Decided
- 8 December 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Application for Extension of TimeCoramEdward M. Muriithi, Majanja, Muriithi, Ngugi, Ruth Nekoye Sitati
Holding
The court dismissed the petition and awarded costs to the respondents.
Facts
The petitioner filed an election petition challenging the nomination of a member of Migori County Assembly. The petition was transferred to the court and the matter came for pre-trial.
Issues
- Whether the requirement that the petitioner pays security for costs is a technical requirement or a substantive requirement.
- Whether the election court has jurisdiction to grant leave for enlargement of time within which to deposit security for costs.
- Whether the court can enlarge time for deposit of security of costs out of time.
- Who shall bear costs.
Reasoning
The court exercised its discretion to extend time for deposit of security for costs, but found that the petitioner did not demonstrate sufficient cause for non-compliance with the law. The court ruled that the petitioner's reasons for delay were insufficient and not disclosed to the court.
Outcome
The petition is hereby struck out.
Orders
- Award of costs to the respondents.
- Award of costs to the respondents.
- Award of costs to both respondents.
Authorities cited
Legislation (2)
- Election Act, 2011
- Elections (General) Regulations, 2012
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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