Leo Odoyo Obambo v Bonface Ouma Oremo & another [2017] KEMC 70 (KLR)
- Court
- Magistrate's Courts
- Case number
- 70
- Citation
- [2017] KEMC 70 (KLR)
- Decided
- 14 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Application to Strike Out PetitionCoramE. MURIUKI NYAGAH
Holding
The application is dismissed as the Returning Officer is ably represented and the failure to join him as a party does not render the petition fatally defective.
Facts
The 1st respondent filed an application seeking to strike out the petition for failure to join the Returning Officer as a party and for the petitioner's failure to deposit the security for costs.
Issues
- Whether the petition was fatally defective due to the failure to join the Returning Officer as a party.
- Whether the petitioner failed to deposit the security for costs.
Reasoning
The court found that the Returning Officer is an employee of the 2nd respondent and is therefore ably represented, and that the failure to join him as a party does not render the petition fatally defective.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
- Constitution of Kenya, 2010
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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