Shiyenji Silas Muyeyia & another v Benson Manuni Mulinya & 2 others [2018] KEMC 82 (KLR)
- Court
- Magistrate's Courts
- Case number
- 82
- Citation
- [2018] KEMC 82 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for recount of votes dismissed
Holding
Application for recount of votes is allowed
Facts
Two petitions were consolidated for hearing challenging the election of Benson Manuni Mulinya as Member of County Assembly for Idakho East Ward. The 1st Petitioner requested a recount of votes at specific polling stations.
Issues
- Right to recount votes under Elections Act and Rules
- Provision for scrutiny and recount
Reasoning
The court held that the Elections Act and Rules allow for both scrutiny and recount of votes, and that the court has discretion to order such actions.
Outcome
Application for recount of votes is allowed
Authorities cited
Legislation (2)
- Elections Act, 2011
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
Cases cited (3)
- Justus Gesito Mugali M’maya v Independent Electoral & Boundaries Commission & 2 Others [2013] eKLR
- Gedion Mwangangi Wambua & Another v Independent Electoral & Boundaries Commission & 2 Others [2013] eKLR
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others [2014] 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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