Henry Wanyoike Wahu & 2 others v County Assembly of Kiambu & 3 others [2017] KEMC 57 (KLR)
- Court
- Magistrate's Courts
- Case number
- 57
- Citation
- [2017] KEMC 57 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetition dismissed due to failure to deposit security for costsCoramP. Gichohi, KLR Joel Ngugi, Mativo
Holding
The court dismisses the petition and orders it to be struck out, with each party bearing their own costs.
Facts
The Petitioners filed an election petition in the High Court under a certificate of urgency, seeking to restrain the swearing in ceremony of the 3rd Respondent's nominated Members of the County Assembly and declaring the gazettement of the Party list null and void.
Issues
- Jurisdiction of the court due to failure to deposit security for costs
- Procedural irregularities in filing the petition
Reasoning
The court found that the Petitioners failed to deposit security for costs as required by law, and that this failure goes to the root of the court's jurisdiction to hear the petition. The court also noted procedural irregularities in the filing of the petition.
Outcome
Petition dismissed
Orders
- Petition struck out
- Certificate issued pursuant to Section 86 of the Elections Act, 2011
Authorities cited
Legislation (2)
- Elections Act No. 24 of 2011
- Elections (Parliamentary and County Elections) Petitions 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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