Japheth Omari Ombeo v Fred Sambu Nyachoti & 2 others [2018] KEMC 43 (KLR)
- Court
- Magistrate's Courts
- Case number
- 43
- Citation
- [2018] KEMC 43 (KLR)
- Decided
- 20 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks to invalidate the election of the 2nd Respondent and request for a fresh electionCoramM.M. Nafula, O.M. Otieno
Holding
The 2nd Respondent was not validly elected and a fresh election is ordered
Facts
The 2nd Respondent was declared the winner of the 2nd General Elections in Bobasi Chache ward, but the petitioner contested the results
Issues
- Whether the 2nd Respondent was validly elected
- Whether a fresh election should be held
Reasoning
The petitioner contested the results and the court found that the 2nd Respondent was not validly elected
Outcome
Petition granted
Orders
- Declare the 2nd Respondent not validly elected
- Order for a fresh election in Bobasi Chache ward
- Issue a certificate of determination to IEBC and Speaker of County Assembly of Kisii County
- Order the 1st, 2nd and 3rd Respondents to pay Kshs.300, 000 in costs to the petitioner
- Release Kshs.100, 000 security for costs to the petitioner
Remedies
- Declare the 2nd Respondent not validly elected
- Order for a fresh election in Bobasi Chache ward
Authorities cited
Legislation (1)
- Election Act 2011
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.
Loading judgment…