N’Chizumo v Independent Electoral & Boundaries Commission; Jubilee Party of Kenya & 2 others (Interested Parties) (Election Petition E001 of 2022) [2023] KEMC 11 (KLR) (2 February 2023) (Ruling)

Facts

Petitioner filed a petition seeking to be gazetted as a duly nominated member of the Kwale County Assembly and other related matters. The Respondent filed a response and a reply.

Issues

1. Whether the Petitioner complied with Section 78(1) and (3) of the Elections Act
2. Whether the court can extend the time provided for under Section 78(1) of the Elections Act
3. Whether the Petition should be dismissed under Section 78(3) of the Elections Act
4. Whether the Petition should be dismissed for failure to join persons against whom adverse reliefs are sought
5. Who should bear the costs of the Application and/or the Petition

Reasoning

The court found the Petitioner did not comply with Section 78(1) of the Elections Act by depositing security for costs within the prescribed period. The court also noted the Respondent’s application for extension of time was not opposed by the Petitioner.

Outcome

The Petition is dismissed

Authorities cited