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Jane Chemutai Koskei v Independent Electoral and Boundaries Commission & another [2018] KEMC 72 (KLR)

[2018] KEMC 72 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
72
Citation
[2018] KEMC 72 (KLR)
Decided
12 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureFirst Respondent seeks extension of time to file a response to the Petition; Petitioner opposes the application.CoramHON. G.A. MMASI (MRS)
Holding

The First Respondent's application for extension of time is allowed, and they are granted seven (7) days to file and serve their response. The application to strike out the petition is dismissed.

Facts

The Petitioner filed a petition on September 12, 2017, and served it on the First Respondent on November 13, 2017. The First Respondent filed a notice of address but did not file a response.

Issues

  1. Extension of time to file a response
  2. Striking out the petition for failure to enjoin people whose nomination to County Assembly of Laikipia is being challenged

Reasoning

The court found that both parties had not come to court with clean hands and that the application for extension of time had merit. The application to strike out the petition was premature and dismissed.

Outcome

The First Respondent's application for extension of time is allowed, and the application to strike out the petition is dismissed.

Orders

  • The First Respondent is granted leave of seven (7) days to file and serve their response.
  • The application to strike out the petition is dismissed.
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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