Justine Chemtai v Winnie Atieno Nyambok & 2 others [2017] KEMC 94 (KLR)
- Court
- Magistrate's Courts
- Case number
- 94
- Citation
- [2017] KEMC 94 (KLR)
- Decided
- 19 October 2017
The court declines to grant the oral application to withdraw the petition due to the failure to meet the mandatory requirements under Rule 23 (3) of the Election (parliamentary and county) petition Rules, 2017.
Facts
The Petitioner, Justine Chemtai, challenges the gazettement of Winnie Atieno Nyambok as a member of Bungoma County in the Gender top up lists. She contends that Nyambok was not a resident of Bungoma County and was not married within the county. The Petitioner seeks orders to have Nyambok's name expunged and replaced with lawful nominees from Kimilili sub county.
Issues
- Whether the Petitioner's challenge to the gazettement of Winnie Atieno Nyambok as a member of Bungoma County in the Gender top up lists is valid.
- Whether the failure to deposit security for costs by the Petitioner invalidates the petition.
Reasoning
The court considers that Election Petitions are inherently suits in the public interest and cannot be withdrawn at the instance of the petitioner.
Outcome
The court directs the Petitioner to file and serve a formal application to withdraw the petition within 5 days from the date of the ruling.
Orders
- Petition not to be withdrawn without leave of the court.
- Petitioner directed to file and serve a formal application to withdraw the petition within 5 days from the date of the ruling.
Authorities cited
Legislation (1)
- The Election (parliamentary and county) petition Rules, 2017
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