Kiriinya v Independent Electoral and Boundaries Commission & 2 others (Election Petition E001 of 2022) [2022] KEMC 17 (KLR) (22 December 2022) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 17
- Citation
- [2022] KEMC 17 (KLR)
- Decided
- 22 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondents filed their replies, but the petitioner has not filed his submissions.CoramJoel Ngugi, Majanja, Muriithi, Sitati
Holding
The petition is struck out with costs to the respondents due to the petitioner's failure to deposit security for costs within the stipulated statutory period of ten days after filing the petition.
Facts
The petitioner was an Independent candidate for the position of the Member of the County Assembly seat in Ruiru/Rwarera Ward, Buuri constituency, Meru County in the general elections held on 9th August, 2022. The petition was filed on the 8th of September, 2022.
Issues
- Whether the petition is fatally and incurably defective for offending the mandatory provisions of Section 76(1) of the Elections Act
- Whether the petitioner failed to furnish security as is mandatorily required by The Election Act
Reasoning
The court found the petition fatally defective due to the petitioner's failure to deposit security for costs within the statutory period, and the court held that the requirement for the deposit of security for costs is a substantive legal requirement.
Outcome
Struck out with costs
Orders
- The petition is struck out with costs to the respondents.
Authorities cited
Legislation (3)
- Elections Act, 2011
- Petition Rules, 2017
- Constitution of Kenya 2010
Cases cited (2)
- Evans Nyambaso Zedekiah & another v Independent Electoral and Boundaries Commission & 2 others [2013] eKLR
- Omari Juma Mwakamole v Independent Electoral & Boundaries Commission& 2 others [2017] 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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