Nunda Fred Ndigwa v Matundura Ismael Bosire & 2 others [2017] KEMC 7 (KLR)
- Court
- Magistrate's Courts
- Case number
- 7
- Citation
- [2017] KEMC 7 (KLR)
- Decided
- 12 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner vs. RespondentsCoramHon. Nathan Shiundu Lutta-SPM
Holding
The court found irregularities and illegalities in the election process and ordered the security for costs of Ksh.100,000 to be shared equally among the respondents.
Facts
The petitioner contested for the Bogiakumu ward member of County Assembly position in the 2017 elections. The 1st Respondent was declared the winner with 2,612 votes. The petitioner alleged irregularities and illegalities in the election process.
Issues
- Whether the election was conducted in accordance with the constitution and relevant law.
- Whether there were irregularities and illegalities warranting nullification.
- What orders should the court make.
Reasoning
The court considered the evidence and submissions and found that the election was not conducted in accordance with the constitution and relevant law, leading to the nullification of the election.
Outcome
The election was nullified.
Orders
- Costs to be shared equally among the respondents.
Remedies
- Nullification of the election.
Authorities cited
Legislation (5)
- Chapter 7 of the Constitution of Kenya 2010
- S.83 of the Elections Act
- S.84 of the Elections Act
- Rule 30 of the Elections (Parliamentary and County election petition) Rules 2017
- Rule 31 (3) of the Elections (Parliamentary and County Elections) petition Rules 2017
Cases cited (3)
- Col. DR. KIZA BESIGYE –VS- ATTORNEY GENERAL (constitutional petition No. 13 of 2009, Uganda)
- GEORGE MIKE WANJOHI – VS- STEPHEN KARIUKI Supreme Court Petition No.2A of 2014
- EVANS ODHIAMBO KIDERO & 4 OTHERS –VS- FERDINAND NDUNG’U WAITITU & 4 OTHERS, Supreme Court Petition No. 18 of 2014
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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