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Michael Ondong Agunda & 2 others v Independent Electroral & Boundaries Commission & 2 others [2018] KEMC 27 (KLR)

[2018] KEMC 27 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
27
Citation
[2018] KEMC 27 (KLR)
Decided
23 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetition grantedCoramHon. R. Odenyo
Holding

The election results for MCA in Kwa Ward were declared invalid due to irregularities, and a fresh election is ordered.

Facts

Petitioners alleged irregularities in the MCA election in Kwa Ward, including discrepancies between Kiems Kit and Form 36A results, and the presence of multiple ballot papers.

Issues

  1. Irregularities in the election process
  2. Validity of the 3rd Respondent's election as MCA for Kwa Ward
  3. Costs of the petition

Reasoning

Irregularities were found in one polling station, and the evidence showed discrepancies between Kiems Kit and Form 36A results, indicating a lack of transparency and credibility.

Outcome

Petition granted

Orders

  • Fresh MCA election in Kwa Ward
  • 3rd Respondent's election declared invalid

Remedies

  • Invalid votes struck off the election
  • 3rd Respondent's election declared invalid
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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