Kenyan case law

• Joseph Kiragu Muthura v Pius Njogu Kathuri & 2 others [2017] KEMC 89 (KLR)

  ✦ The application for stay of proceedings is denied due to its informality and the strict time constraints of the election petition.

  [2017] KEMC 89 (KLR) Magistrate's Courts 13 November 2017

• Cosmas Foleni Kenga v I.E.B.C & 2 others [2017] KEMC 83 (KLR)

  ✦ The application is properly before the Court and the Petition is not struck out.

  [2017] KEMC 83 (KLR) Magistrate's Courts 10 November 2017

• Mbayi Sayyed Omsiritsa v Nancy Iyadi & 2 others [2017] KEMC 95 (KLR)

  ✦ The application is dismissed as the petition was properly served within the prescribed time and mode.

  [2017] KEMC 95 (KLR) Magistrate's Courts 9 November 2017

• Peter Odhiambo Olimo v Independent Electoral & Boundaries Commission & another [2017] KEMC 88 (KLR)

  ✦ The Petition is dismissed for non-compliance with the court's directions and failure to fully comply with the statutory requirements.

  [2017] KEMC 88 (KLR) Magistrate's Courts 8 November 2017

• Eric Soita Patroba v Sudukwa Grace & another [2017] KEMC 21 (KLR)

  ✦ The court found that service on 13.9.2017 was unproven and improper

  [2017] KEMC 21 (KLR) Magistrate's Courts 7 November 2017

• Justine Chemtai v Winnie Atieno Nyambok & 3 others [2017] KEMC 92 (KLR)

  ✦ The court finds that the application must fail and is dismissed.

  [2017] KEMC 92 (KLR) Magistrate's Courts 7 November 2017

• Kapusia Ole Saloni v James Kipas Langues & 2 others [2017] KEMC 101 (KLR)

  ✦ The application is dismissed with costs to the Petitioner.

  [2017] KEMC 101 (KLR) Magistrate's Courts 3 November 2017

• Langat Donnie Kiptoo Arap v Sikuku Martin Simotwo, Constituency Returning Officer, Langata Constituency & 2 others [2017] KEMC 109 (KLR)

  ✦ The offending paragraphs in the further affidavits are hereby struck out with costs.

  [2017] KEMC 109 (KLR) Magistrate's Courts 3 November 2017

• Abdi Muhyadin Abdi v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2017] KEMC 90 (KLR)

  ✦ The court dismissed the petition as it was filed outside the constitutional timelines

  [2017] KEMC 90 (KLR) Magistrate's Courts 2 November 2017

• Odongo Victor Robert v Independent Electoral & Boundaries Commission, Returning Officer Kagan Ward Ezekiel Juma Otieno & Onyango Philemon (Election Petition 1 of 2017) [2017] KEMC 102 (KLR) (Civ) (1 November 2017) (Ruling)

  ✦ The Court directs that the petitioner can only refer to the document attached in the affidavit of the Chief Agent and that the Chief Agent will testify on the same affidavit.

  [2017] KEMC 102 (KLR) Magistrate's Courts 1 November 2017

• Odongo Victor Robert v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 98 (KLR)

  ✦ Petitioner's preliminary objection is dismissed with no orders as to costs.

  [2017] KEMC 98 (KLR) Magistrate's Courts 1 November 2017

• Odongo Victor Robert v Independent Electoral & Boundaries Commission & [2017] KEMC 97 (KLR)

  ✦ Form 32 A will be produced as Exhibit 1. The death certificates and burial permits will not be produced as exhibits.

  [2017] KEMC 97 (KLR) Magistrate's Courts 1 November 2017

• Boniface Muisyo Ngli v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 107 (KLR)

  ✦ The court ruled that the further affidavit filed by the petitioner was struck out due to introducing new evidence and amending the petition through the back door.

  [2017] KEMC 107 (KLR) Magistrate's Courts 31 October 2017

• Margaret Nyathogora & 5 others v I.E.B.C & 14 others [2017] KEMC 73 (KLR)

  ✦ The petition was dismissed for want of deposit of security for the payment of costs.

  [2017] KEMC 73 (KLR) Magistrate's Courts 31 October 2017

• Langat Donnie Kiptoo Arap v Sikuku Martin Simotwo, Constituency Returning Officer, Langata Constituency & 2 others [2017] KEMC 108 (KLR)

  ✦ The application for preservation and safekeeping of KIEMS kits is denied.

  [2017] KEMC 108 (KLR) Magistrate's Courts 31 October 2017

• Langat Donnie Kiptoo Arap v Sikuku Martin Simotwo, Constituency Returning Officer, Langata Constituency & 2 others [2017] KEMC 105 (KLR)

  ✦ The Petitioner's application for scrutiny and recount of votes is denied.

  [2017] KEMC 105 (KLR) Magistrate's Courts 31 October 2017

• Joseph Obiri Kenyaga v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 91 (KLR)

  ✦ The court dismissed the petition due to the petitioner's failure to make a deposit for security for costs as required by law.

  [2017] KEMC 91 (KLR) Magistrate's Courts 30 October 2017

• Julius Ochieng Omoro v Independent Electoral & Boundaries Commission & 3 others [2017] KEMC 111 (KLR)

  ✦ The application for recount and scrutiny is allowed

  [2017] KEMC 111 (KLR) Magistrate's Courts 30 October 2017

• Joseph Kiragu Muthura v Pius Njogu Kathuri & 2 others [2017] KEMC 87 (KLR)

  ✦ The court extends time for the 1st Respondent to file his response and deems it duly filed.

  [2017] KEMC 87 (KLR) Magistrate's Courts 27 October 2017

• Jim Kenyanya v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 64 (KLR)

  ✦ The court allows the 3rd Respondent's application to extend time for filing the response and disallows the Petitioner's application to strike out the responses. The petition is found to be properly signed by the Petitioner's advocate and is valid. The petition and affidavit are found to be non-compliant with the rules.

  [2017] KEMC 64 (KLR) Magistrate's Courts 24 October 2017

• Omari Wanjiku Esha v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 74 (KLR)

  ✦ The court allows the application on the condition that the 3rd Respondent files her response by the close of business on 27.10.2017, meets the costs, and the petitioner and 1st Respondent have leave to respond by 30.10.2017.

  [2017] KEMC 74 (KLR) Magistrate's Courts 24 October 2017

• Irene Jerop Cheboi & 2 others v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 113 (KLR)

  ✦ The court finds that the petitioner did not even attempt to explain the anomaly and consequently strikes the petition with costs to the 1st Respondent.

  [2017] KEMC 113 (KLR) Magistrate's Courts 24 October 2017

• Kongoti Ronald Anzelemo v Julius Oduor & 2 others [2017] KEMC 99 (KLR)

  ✦ The petition is struck out, and the respondent is awarded costs of the petition and application.

  [2017] KEMC 99 (KLR) Magistrate's Courts 23 October 2017

• Nixon Sunte Karaine v Paul Kipamet Matuya & 2 Others [2017] KEMC 24 (KLR)

  ✦ The court dismissed the application.

  [2017] KEMC 24 (KLR) Magistrate's Courts 23 October 2017

• Justine Chemtai v Winnie Atieno Nyambok & 2 others [2017] KEMC 94 (KLR)

  ✦ The court declines to grant the oral application to withdraw the petition due to the failure to meet the mandatory requirements under Rule 23 (3) of the Election (parliamentary and county) petition Rules, 2017.

  [2017] KEMC 94 (KLR) Magistrate's Courts 19 October 2017