Hassan Jimal Abdi v Ibrahim Noor Hussein & 2 others [2018] KEMC 62 (KLR)

Facts

The General elections were held on 8th August 2017 in Batalu ward, where Ibrahim Noor Hussein was declared the elected Member of County Assembly with a vote of 1099 against his closest rival. The petitioner, Hassan Jimal Abdi, challenged the validity of the election.

Issues

1. Whether the officials of the 3rd Respondent irregularly conducted voting in Batalu polling station beyond the legally required time.
2. Whether the officials of the 3rd Respondent engaged in acts of ballot stuffing in Batalu polling station and Basineja Polling Station in favor of the 1st Respondent.
3. Whether the officials of the 3rd Respondent in Batalu polling station blocked the Petitioner’s Agents from recording serial numbers of the seals used to seal the ballot boxes.
4. Whether the officials of the 3rd Respondent irregularly reopened the sealed ballot boxes for Batalu polling station and Basineja polling station to remove the results declaration forms 36A’s.
5. Whether the officials of the 3rd Respondent altered results in Form 36A’s in Batalu and Basineja polling station in favor of the 1st Respondent.
6. Whether the 3rd respondent’s officials engaged in malpractice by colluding with the 1st Respondent through using his motor vehicle to transport election materials.
7. Whether the IEBC conducted the election in accordance with the law?
8. Who should bear the costs of this Petition.

Reasoning

The court found irregularities and malpractice in the conduct of the election, including ballot stuffing and irregular reopening of sealed ballot boxes.

Outcome

The 1st Respondent's election as Member of County Assembly for Batalu ward is declared null and void.

Authorities cited