Justine Chemtai v Winnie Atieno Nyambok & 3 others [2017] KEMC 92 (KLR)
- Court
- Magistrate's Courts
- Case number
- 92
- Citation
- [2017] KEMC 92 (KLR)
- Decided
- 7 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for leave to furnish security for costs out of timeCoramD.O. ONYANGO
Holding
The court finds that the application must fail and is dismissed.
Facts
The applicant sought to withdraw the petition and later changed his mind, seeking leave to furnish security for costs out of time. The 1st Respondent opposed the application, alleging lack of jurisdiction and bad faith.
Issues
- Whether the court can grant leave to the applicant to furnish security for costs out of time
- Whether the court has jurisdiction to set aside the notice to withdraw
Reasoning
The court ruled that the court lacks jurisdiction to set aside the notice to withdraw and that the applicant has not shown reason for the delay or that she deserves a discretionary remedy from the court.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Zainabu Mohamed case
- Evans Nyambane Zedekiah & another -vs- IEBC and 2 others
- Nicholas Kiptoo Arap Salat -vs- IEBC & 7 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.
Loading judgment…