Muslims for Human Rights & 3 others v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 66 (KLR)
- Court
- Magistrate's Courts
- Case number
- 66
- Citation
- [2017] KEMC 66 (KLR)
- Decided
- 1 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' appeal from a ruling striking out the petitionCoramNJERI THUKU
Holding
The petition is struck out due to non-compliance with statutory requirements to deposit security for costs.
Facts
The petitioners filed an election petition on September 25, 2017, and the respondents entered appearance. Various applications were filed, including one to join an intended interested party, which was dismissed.
Issues
- Whether the petitioners have locus to institute the suit.
- Whether the petitioners have exhausted the dispute resolution mechanisms.
- Whether the court has jurisdiction in regard to the matter.
Reasoning
The court ruled that the petitioners failed to comply with the statutory requirements to deposit the security for costs, and thus the petition is struck out.
Outcome
The petition is struck out.
Orders
- Award of costs to the 1st Respondent capped at Kshs 30,000/-
- Award of a global sum capped at Kshs 150,000/- to the 2nd, 3rd, 4th, and 6th Respondents
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petition Rules, 2017
- Elections Act
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.
Loading judgment…