Keronche Maranga Sammy v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 32 (KLR)

Facts

The petitioner and the 3rd respondent were candidates in the 2017 general election for Gesusu ward, Kisii county. The 3rd respondent was declared the winner.

Issues

1. Whether the petitioner has discharged the burden and standard of proof required by law to prove the allegations contained in his petition.
2. Whether the illegalities, irregularities and malpractices complained of were so substantial as to affect the outcome and result of the election.
3. Whether the 3rd Respondent was duly elected and declared as the Member of County Assembly for Gesusu Ward.
4. What is the consequence of non disclosure of the date of declaration and the results of the elections in the petition.
5. Which party is liable for the costs of the proceedings herein?

Reasoning

The court found that the petitioner failed to prove the allegations of electoral malpractices and that the irregularities did not affect the outcome of the election.

Outcome

Petition dismissed

Authorities cited