Mohamed Twaher Abdulkarim v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2018] KEMC 18 (KLR)
- Court
- Magistrate's Courts
- Case number
- 18
- Citation
- [2018] KEMC 18 (KLR)
- Decided
- 6 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner vs. RespondentsCoramC.O. NYAWIRI
Holding
The petition succeeds and the 3rd Respondent's election is declared null and void. A fresh election is ordered for the 1st Respondent, and costs are awarded to the Petitioner.
Facts
The Petitioner was one of the contestants for the Member of County Assembly seat in Shella Ward, Malindi Constituency, Kilifi County. The 3rd Respondent was declared the winner with 6,234 votes, while the Petitioner garnered 3,784 votes.
Issues
- Violation of constitutional provisions
- Intimidation of Petitioner's agents
- Late opening and closing of polling stations
Reasoning
The court found that the 1st and 2nd Respondents violated constitutional provisions and were hostile to the Petitioner's agents.
Outcome
Petition allowed
Orders
- 3rd Respondent's election declared null and void
- 1st Respondent to hold a fresh election
- 1st and 2nd Respondents to pay costs to Petitioner
Remedies
- Fresh election for 1st Respondent
- Costs awarded to Petitioner
Authorities cited
Legislation (2)
- Elections Act 2011
- Elections (General Regulations, 2017)
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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