Emma Nkirote Ntongai & another v Independent Electoral & Boundaries Commission & 6 others [2017] KEMC 48 (KLR)
- Court
- Magistrate's Courts
- Case number
- 48
- Citation
- [2017] KEMC 48 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Motion to Strike Out Petition and Affidavit in LimineCoramA., Ayub
Holding
The court dismissed the respondent's motion to strike out the petition and affidavit in limine.
Facts
The 1st petitioner, a member of the Party of National Unity, was nominated by the 2nd petitioner for a gender top-up seat in the County Assembly of Laikipia. However, the Independent Electoral and Boundaries Commission (IEBC) allocated all 9 nomination slots to the Jubilee Party.
Issues
- Whether the petition was properly served on the respondents.
- Whether the petition and affidavit should be struck out.
- Whether Kiprotich William Kiget, who commissioned the affidavit, had the capacity to do so.
Reasoning
The court found that the petition was properly served and that Kiprotich William Kiget had the capacity to commission the affidavit.
Outcome
The respondent's motion to strike out the petition and affidavit was dismissed.
Orders
- The respondent's motion to strike out the petition and affidavit was dismissed.
Authorities cited
Cases cited (2)
- Mukisa Biscuits Manufacturing Company Ltd – versus - West End Distributors (1969) E.A 696
- John Masakeli – versus- Speaker County of Bungoma & 4 Others [2015] 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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