Tomito Alex Tampushi v Patrick Sosio Lekakeny & 3 others [2018] KEMC 80 (KLR)
- Court
- Magistrate's Courts
- Case number
- 80
- Citation
- [2018] KEMC 80 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents' appeal from a judgment declaring the election of the 1st Respondent null and void and ordering a fresh election.CoramD.K. Matutu Esq. [Senior Resident Magistrate]
Holding
The court declared the election of the 1st Respondent null and void and ordered a fresh election for Member of County Assembly for Shankoe Ward.
Facts
The 8th August, 2017 general elections in Shankoe Ward, Kilgoris, Kenya resulted in Patrick Sosio Lekakeny being declared the winner with 3,156 votes. Tomito Alex Tampushi came second with 3,090 votes. Tampushi filed a petition challenging the election.
Issues
- Whether the 2nd, 3rd, and 4th Respondents conducted credible, free, and fair elections in compliance with the Constitution, Elections Act, and Regulations.
- Whether election malpractices, illegalities, irregularities, and errors were committed, if yes, by whom and whether the same affected the integrity of the election and consequently the declaration made by the 2nd Respondent.
- Whether the 1st Respondent was lawfully and validly elected as Member of County Assembly for Shankoe Ward.
- What consequential orders, declarations, and reliefs should the court grant.
Reasoning
The court found no evidence of malpractices or irregularities that affected the election's integrity. The court ordered a fresh election to be held in accordance with the Constitution and electoral laws.
Outcome
The 1st Respondent's election was declared null and void, and a fresh election was ordered.
Orders
- Declare the 1st Respondent's election null and void.
- Order a fresh election for Member of County Assembly for Shankoe Ward.
- Order the 4th Respondent to hold the fresh election.
- Order the Petitioner and the 1st Respondent to bear the costs.
- Order the Petitioner and the 1st Respondent to file their Bill of Costs.
- Order the security for costs deposited in court to be released to the Petitioner/depositor.
- Order a Certificate of the determination of this Petition to be issued to the IEBC.
- Order Notice of this court's determination to be issued to the Speaker of Narok County Assembly.
Remedies
- Declare the 1st Respondent's election null and void.
- Order a fresh election for Member of County Assembly for Shankoe Ward.
Authorities cited
Legislation (3)
- Constitution of Kenya
- Elections Act
- Elections General Regulations, 2012
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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