Khalif v Independent Electoral and Boundaries Commission & another; Waruguru & 2 others (Interested Parties) (Election Petition E001 of 2022) [2023] KEMC 13 (KLR) (9 February 2023) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 13
- Citation
- [2023] KEMC 13 (KLR)
- Decided
- 9 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureApplication for determinationCoramHON. G. ONSARIGO (MR), SRM
Holding
The Election Petition is struck out for offending provisions of the Elections Act and the Elections (Parliamentary and County Elections) Petition Rules, 2017.
Facts
The Election Petition was filed more than 28 days after the gazettement of the nominated Members of Nairobi County Assembly.
Issues
- Whether the Election Petition is barred by the Elections Act and the Elections (Parliamentary and County Elections) Petition Rules, 2017.
- Whether the costs of the Petition should be awarded to the 1st Interested Party.
Reasoning
The Petition was filed more than 28 days after the gazettement of the nominated Members of Nairobi County Assembly, which is in violation of the Elections Act and the Elections (Parliamentary and County Elections) Petition Rules, 2017.
Outcome
The Election Petition is struck out.
Orders
- That the Election Petition be struck out.
- That the costs of the Petition be awarded to the 1st Interested Party.
- That the cost of this Application be provided for.
Authorities cited
Legislation (4)
- Elections Act, No. 24 of 2011
- Elections (General) Regulations, 2012
- Elections (Party Primaries and Party Lists) Regulations, 2017
- Elections (Parliamentary and County) Petition Rules, 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.
Loading judgment…