Mogesi Agnes Bange & 8 others v Independent Electoral & Bounderies Commission & 13 others [2018] KEMC 84 (KLR)
- Court
- Magistrate's Courts
- Case number
- 84
- Citation
- [2018] KEMC 84 (KLR)
- Decided
- 4 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents challenged the nomination of county assembly members.
Holding
The court has jurisdiction to determine the petition as the respondents are deemed elected and any dispute to that election is properly before the court.
Facts
General elections were held on 8/8/2017, and subsequent nomination of members of Migori County assembly was done by the 2nd respondent. The petitioners challenged the nomination.
Issues
- Court's jurisdiction
- Validity of the election of the 3rd to 13th respondents
- Effect of PPDT Judgement
Reasoning
The court held that the petitioners' challenge is based on a nomination issue, which is a pre-election issue. The Election Act confers jurisdiction on the Magistrates Courts to determine the validity of the election of a member of county assembly.
Outcome
The court dismissed the petition.
Authorities cited
Legislation (2)
- Election Act
- Constitution
Cases cited (2)
- Moses Mwicigi & 14 Others v Independent Electoral & 5 Others [2016]
- Political Parties Disputes Tribunal Judgement dated 2 nd August 2017
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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