Khalif v Abdille Eliyas Jimale County Returning Officer, Mandera North & 2 others (Election Petition E003 of 2022) [2022] KEMC 3 (KLR) (2 November 2022) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 3
- Citation
- [2022] KEMC 3 (KLR)
- Decided
- 2 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureRespondent seeks to dismiss the petition on grounds of untimely filing and non-payment of security of costs.CoramLaw
Holding
The petition is not dismissed due to untimely filing or non-payment of security of costs.
Facts
The petition was filed on September 8, 2022, and the respondent was declared elected on August 11, 2022. The respondent claims non-payment of security of costs.
Issues
- Petition filed on September 8, 2022, within the 28-day deadline.
- Respondent claims non-payment of security of costs.
- Respondent claims non-service of the petition.
Reasoning
The court finds the petition was filed within the prescribed time and the respondent failed to prove non-payment of security of costs. The court extends the time for depositing security of costs.
Outcome
The petition is not dismissed.
Orders
- Petition not dismissed due to untimely filing or non-payment of security of costs.
Authorities cited
Legislation (3)
- Elections Act No 24 of 2011
- Elections (Parliamentary and County Elections) Petitions Rules, 2013
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others (2014) Supreme Court Petition No 2B
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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