Obare Mochache Walter v Samwel Apoko Okwani & 2 others [2018] KEMC 12 (KLR)
- Court
- Magistrate's Courts
- Case number
- 12
- Citation
- [2018] KEMC 12 (KLR)
- Decided
- 27 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's Response to PetitionCoramS.K ONJORO
Holding
The petition is dismissed. The 1st respondent is awarded costs of Kshs.250,000. The 2nd and 3rd respondents are awarded costs of Kshs.250,000.
Facts
The petitioner contests the election of Samwel Apoko Okwani as Member of County Assembly for Kiogoro Ward within Kisii County. The petitioner alleges irregularities and illegalities in the election process.
Issues
- Whether the Replying affidavit of the 2nd respondent is a response to the petition.
- Whether there existed two sets of results and if so, the effect thereof on the election of the 1st respondent.
- Whether there were irregularities and illegalities in the conduct of the election, and if so, whether they affected the integrity of the election and the declaration made by the 3rd respondent.
Reasoning
The court found that the 2nd and 3rd respondents did not file a response to the petition, but their affidavit was not a response as required by the rules. The petitioner did not prove that there were two sets of results or that there were irregularities in the election.
Outcome
Dismissed
Orders
- The petition be and is hereby dismissed.
- The 1st respondent is awarded costs of Kshs.250,000.
- The 2nd and 3rd respondents are awarded costs of Kshs.250,000.
Authorities cited
Legislation (2)
- Election Act No.24 of 2011
- Elections (Parliamentary and County Election petition) Rules, 2017
Cases cited (3)
- Nahashon Akunga v Independent Electoral and Boundaries Commission & 2 others
- Karanja Kabage v Joseph Kariambegu Nganga & 2 others
- Jackton Nyanungo Ranguma v Independent Electoral and Boundaries Commission & 2 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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