Eliphas Nyaga Mbae v Wilson Nyaga Derebia & 2 others [2018] KEMC 66 (KLR)
- Court
- Magistrate's Courts
- Case number
- 66
- Citation
- [2018] KEMC 66 (KLR)
- Decided
- 1 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner filed a petition contesting the 1st Respondent's win of the 8th August 2017 election.CoramM., Maraga, Where Kimaru
Holding
The court found that the Petitioner did not discharge the burden of proof as required under the law.
Facts
The Petitioner alleged that the 1st Respondent engaged in voter bribery and undue influence during the 8th August 2017 election.
Issues
- Whether the elections were conducted in accordance with the constitution, the Election Act, and the Election Rules.
- Whether there was undue or improper conduct, corruption, or irregularities in the conduct of the elections.
- Whether there was substantive non-compliance with the Constitution, Election Act, and Applicable rules.
- Whether the Petitioner is entitled to the prayers in the petition.
- Who should bear the costs of the suit.
Reasoning
The court determined that the Petitioner must establish and prove the irregularities and electoral malpractices to a higher standard than balance of probabilities, but lower than beyond all reasonable doubt.
Outcome
The Petitioner's petition was dismissed.
Authorities cited
Legislation (4)
- Election Act
- Elections (General) Regulations, 2012
- Elections (Parliamentary and County Elections Petition Rules), 2017
- Constitution of Kenya
Cases cited (1)
- William Kabogo Gitau vs George Thuo & 2 Others [2010] eKLR
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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