Macharia James Simpson Ndegwa v Independent Electoral and Boundaries Commission & Weru Peter Kinyua [2018] KEMC 8 (KLR)
- Court
- Magistrate's Courts
- Case number
- 8
- Citation
- [2018] KEMC 8 (KLR)
- Decided
- 5 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the original trial outcomeCoramF.W. MACHARIA
Holding
The petition against the 1st Respondent is overtaken by events due to the death of the 2nd Respondent, and a by-election is likely to be held.
Facts
The Petitioner was running for the seat of Member of County Assembly (MCA) Ruguru Ward, Mathira Constituency in Nyeri County. The 2nd Respondent, Weru Peter Kinyua, was declared the winner. The Petitioner filed a petition seeking a fresh election.
Issues
- Whether the petition against the 1st Respondent should continue as scheduled
- Whether the court should proceed with the petition against the 1st Respondent given the death of the 2nd Respondent
Reasoning
The death of the 2nd Respondent rendered the office of MCA Ruguru Ward vacant, leading to a by-election. The court directed that the petition against the 1st Respondent be dismissed as it has been overtaken by events.
Outcome
The petition against the 1st Respondent is dismissed.
Orders
- The petition against the 1st Respondent is dismissed.
- Each party bears its own costs.
Authorities cited
Legislation (4)
- Independent Electoral and Boundaries Commission Act No. 9 of 2011
- Elections Act No. 24 of 2011
- Constitution of Kenya, 2010
- Elections (Parliamentary and County Elections) Petition Rules, 2017
Cases cited (1)
- High court of Kenya at Machakos, Election Petition No. 6 of 2013
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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