Scholastica Ngina Shiraku & another v Orange Democratic Movement & another [2017] KEMC 72 (KLR)
- Court
- Magistrate's Courts
- Case number
- 72
- Citation
- [2017] KEMC 72 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureNotice of Motion ApplicationCoramKHAPOYA S. BENSON, SENIOR RESIDENT MAGISTRATE
Holding
The application is dismissed as the applicant has failed to prove his case.
Facts
Scholastica Ngina Shiraku and Feisal Mustafa Abdii filed a petition against Orange Democratic Movement and Independent Electoral and Boundaries Commission. Geoffrey Mitalo applied to be enjoined as a petitioner.
Issues
- Whether the applicant's application for enjoinment is merited.
- Whether the applicant has a personal interest or stake in the proceedings.
Reasoning
The court applied the principles set out in Supreme Court Election petition no. 1 of 2017 and found that the applicant's application does not conform to the principles laid out in the cited cases.
Outcome
The notice of motion application is dismissed.
Orders
- Each party to bear its own costs.
Authorities cited
Cases cited (4)
- Supreme Court Election petition no. 1 of 2017
- Trusted society of human rights alliance v Mumo matemu & others
- Supreme court petition no. 12 of 2013
- Francis karioki muruatetu & another v Republic and others
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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