Aziz Kassim Ibrahim v Independent Electoral and Boundaries Commission (IEBC) & 4 Others [2018] KEMC 77 (KLR)
- Court
- Magistrate's Courts
- Case number
- 77
- Citation
- [2018] KEMC 77 (KLR)
- Decided
- 24 January 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner filed a petition alongside an application under Certificate of UrgencyCoramHon. P. Ngare Gesora (Mr.)
Holding
The court dismissed the petition and ordered the petitioner to pay costs to the 1st and 5th respondents
Facts
The petitioner Aziz Kassim Ibrahim challenged the validity of the Kwa Njenga Ward Member of County Assembly election held on 8th August 2017, alleging irregularities and seeking a re-tally of votes and scrutiny of ballot papers.
Issues
- Irregularities in the tallying of votes
- Alteration of election forms
- Chasing away of petitioner's agents during the tallying process
Reasoning
The court held that the petitioner failed to prove that the irregularities materially affected the election results and that the standard of proof in election cases is higher than on a balance of probability but lower than beyond reasonable doubt.
Outcome
Petition dismissed
Orders
- Costs to be paid by the petitioner to the 1st and 5th respondents
- Certificate of the court as to the validity of the election to be issued
Authorities cited
Legislation (2)
- Election Act, 2011
- Elections (Parliamentary and County Elections) Petition Rules, 2017
Cases cited (1)
- SCPP Number 1 of 2017 Raila Amolo Odinga and Another Versus IEBC and Others
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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