Zeynab Allyow Issack v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 67 (KLR)
- Court
- Magistrate's Courts
- Case number
- 67
- Citation
- [2017] KEMC 67 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent filed a preliminary objectionCoramHon B. Ombewa
Holding
The court dismissed the Petition as it was filed out of time and the Petitioner did not meet the prescribed format.
Facts
The Petition was filed on 16/10/2017, 48 days after the gazette notice of nomination on 28/8/2017. The Petitioner seeks to nullify the nomination of the 3rd Respondent as a member of County Assembly of Marsabit County.
Issues
- whether the Petition was filed out of time
- whether the court has power to grant the orders sought
- whether proper service was effected
- whether the Petition meets the prescribed format
Reasoning
The court found the Petition was filed 48 days after the gazette notice, which is beyond the 28-day limit set by the Constitution and the Elections Act. Additionally, the Petition did not meet the prescribed format.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Article 87(2) of the Constitution
- Section 76(1)(a) of the 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…