In the Matter of Violation of the Non Inclusion of the persons with Disabilities in the Kisii County Assmebly [2018] KEMC 28 (KLR)
- Court
- Magistrate's Courts
- Case number
- 28
- Citation
- [2018] KEMC 28 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent's response to the petition and its replying affidavit were filed after directions on the hearing of the petition had been taken.
Holding
The petition qualifies as an election petition and the court will proceed to consider it on merit.
Facts
The petitioner seeks orders to restrain the swearing in of the 3rd respondent and to revoke the gazette No. 8380 dated 28th August 2017, and to issue a declaration that the Kisii county assembly is unconstitutionally constituted.
Issues
- Whether the petition qualifies as an election petition or a constitutional petition.
- Whether the 5th respondent's response to the petition and its replying affidavit are properly on record.
- Whether this court has jurisdiction to hear and determine the election petition.
- Whether the nomination of the 4th respondent and his subsequent gazettement were in accordance with statutory and legal requirements.
- Who shall bear costs of this petition.
Reasoning
The court finds the petition qualifies as an election petition and will proceed to consider it on merit, guided by the Constitution, the Elections Act, 2011, and other relevant legislation.
Outcome
The court finds the petition qualifies as an election petition and will proceed to consider it on merit.
Orders
- That this honourable court be pleased to issue and order restraining the 1st and 2nd respondents from swearing in the 3rd respondents until the requirements of the Constitution are satisfied.
- That this honourable court be pleased to revoke the Kenya gazette No. 8380 dated 28th August 2017 in the section only dealing with special seats to Kisii county assembly and an order directing the 5th respondent to bring on board persons with disabilities and minority as required by the Constitution of Kenya.
- That the honourable court orders the 4th respondent to prove that he is a marginalized person and that his area of residence is Kisii.
- That the honourable court do issue a declaration that the Kisii county assembly is unconstitutionally constituted due to lack of inclusion of the persons with disabilities and minorities to the Kisii county assembly as required by the Constitution of Kenya.
Authorities cited
Legislation (4)
- Constitution of Kenya 2010
- Elections Act, 2011
- Elections (General) Regulations, 2017
- Political Parties Act
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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