Salim Mweni Athman v Independent Electoral & Boundaries Commisssion (I.E.B.C) & 2 others [2017] KEMC 55 (KLR)
- Court
- Magistrate's Courts
- Case number
- 55
- Citation
- [2017] KEMC 55 (KLR)
- Decided
- 30 November 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' Motion for striking out the petition and awarding costsCoramEdward M. Muriithi, G.K. Kimondo, Korir, Like Korir, Ngugi, Ouko, Sewe
Holding
The court dismissed the petition as the petitioner failed to deposit the security for costs within the required period.
Facts
The petitioner failed to deposit security for costs within the required period of 10 days after filing the petition. The respondents argued that this failure rendered the petition incurably defective and the court no longer had jurisdiction to hear and determine it.
Issues
- Whether failure to deposit security for costs warrants striking out the petition
- Whether the petitioner failed to disclose results in accordance with the law
- Whether the affidavit in issue offends the Oaths & Statutory Declarations Act
Reasoning
The court held that the failure to deposit the security for costs within the prescribed time renders a fatal blow to the petition, as per the authorities cited.
Outcome
The petition was dismissed
Orders
- The affidavits filed in support of the petition be expunged from the record
- The striking out / dismissal of the petition
- Costs of the petition and application be awarded in their favor
Authorities cited
Legislation (3)
- Elections Act, 2011
- Election Petition Rules 2017
- Oaths & Statutory Declarations Act
Cases cited (6)
- Esposito Franco v Amason Kingi Jeffah & 2 others [2010] eKLR
- Buya Hiribae v Hassan Dukicha Abdi & 2 Others, Mombasa Election Petition No. 7 of 2013
- Kumbatha Naomi Cidi v County Returning Officer, Kilifi & 3 Others, Election Petition (Malindi) No. 13 of 2013
- Simon Kiprop Sang v Zakayo K. Cheruyot & 2 Others, Election Petition (Nairobi) No. 1 of 2013
- Fatuma Zainabu Mohamed v Ghati Dennitah & 10 others, Kisii Election Petition No. 6 of 2013
- Samwel Kazungu Kambi & another v Nelly Ilongo County Returning Officer, Kilifi County & 3 others (Malindi) [2017] 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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