Kenyan case law
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Jeremiah Kuloba v Joseph Magudah Okhaba & 2 others [2018] KEMC 22 (KLR)
✦ The court found that the election was conducted in compliance with the constitution and election laws, and the Petitioner's allegations of irregularities and malpractices were not substantiated.
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Damaris Nyarangi Mouni v Wafula W. Chebukati, Chairman IEBC & 3 others [2018] KEMC 6 (KLR)
✦ The court did not grant a stay of the gazette volume No. 133 dated September 8, 2017. The court also decided not to release the security for costs pending the filing of an appeal.
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Daniel Mark Oruta v Andrew Kengere Kimonge & 2 others [2018] KEMC 11 (KLR)
✦ The petition is hereby dismissed. The Petitioner shall bear the costs of the petition capped at Kshs.300,000/=.
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Dickson Karani Yaa v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 29 (KLR)
✦ The court dismisses the petition and denies the recount request
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Obare Mochache Walter v Samwel Apoko Okwani & 2 others [2018] KEMC 12 (KLR)
✦ The petition is dismissed. The 1st respondent is awarded costs of Kshs.250,000. The 2nd and 3rd respondents are awarded costs of Kshs.250,000.
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Michael Ondong Agunda & 2 others v Independent Electroral & Boundaries Commission & 2 others [2018] KEMC 27 (KLR)
✦ The election results for MCA in Kwa Ward were declared invalid due to irregularities, and a fresh election is ordered.
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Keronche Maranga Sammy v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 32 (KLR)
✦ The petition be and is hereby dismissed.
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Michael Musyoki Mwananzivu v Independent Electoral and Boundaries Commission & 4 others [2018] KEMC 31 (KLR)
✦ The Court found no evidence of the issues raised by the Petitioner.
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Ronald Achira Ongaga & 2 others v Evans Mokoro Omwansu & 2 others [2018] KEMC 30 (KLR)
✦ The petitioners failed to prove their case and the petition is hereby dismissed.
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Odongo Victor Robert v Independent Electoral & Boundaries Commission & 2 others [2018] KEMC 35 (KLR)
✦ The court upheld the election results, stating that minor breaches are ignored and that the cumulative effect of irregularities must reverse the result to invalidate an election.
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Esther Chelimo & 2 others v Independent Electoral and Boundaries Committee & 12 others [2018] KEMC 2 (KLR)
✦ The petition is dismissed with costs to the 3rd-12th respondents as the petitioners failed to prove the existence of disabled individuals who applied and were denied a chance.
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Almas Mohamed v Independent Electoral Boundaries Commission (IEBC) & 3 others [2018] KEMC 33 (KLR)
✦ The court found that the IEBC had jurisdiction to settle election disputes including those arising from nomination, and disputes subsequent to the declaration of election results should have been referred to the IEBC Dispute Resolution Committee, not the Political Parties Disputes Tribunal.
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Japheth Omari Ombeo v Fred Sambu Nyachoti & 2 others [2018] KEMC 43 (KLR)
✦ The 2nd Respondent was not validly elected and a fresh election is ordered
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Silvanus Juma v Fred Musirimba & 2 others [2018] KEMC 41 (KLR)
✦ The court dismissed the petition and ordered that the costs be paid by IEBC and the 1st and 2nd respondents.
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John Nduati v Independent Electoral and Boundaries Commission [2018] KEMC 49 (KLR)
✦ The court declares the list of nominees invalid and orders the gazetting of the Petitioner as the nominee for the Nairobi County Assembly.
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Joseph Kibiego Koech v Gabriel Mibei & 2 others [2018] KEMC 50 (KLR)
✦ The petition is dismissed with costs to the 1st Respondent. The 1st Respondent was validly elected as Member of County Assembly for Angata Barrikoi Ward.
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Olonana D.Ololtulet v Munka Nanyokie Julius Ole & 2 others [2018] KEMC 53 (KLR)
✦ The court found no evidence of significant irregularities that affected the integrity of the election.
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Peter Akono v Abei James Esinyen & 2 others [2018] KEMC 47 (KLR)
✦ The application is dismissed with costs.
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Mohamed Abass Sheikh v Boundaries Commission (IEBC) & 2 others [2018] KEMC 51 (KLR)
✦ The court dismisses the petition and condemns the petitioner to pay.
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Kapusia Ole Saloni v James Kipas Langues & 2 others [2018] KEMC 38 (KLR)
✦ The election was conducted in accordance with the Constitution and Election laws, and the 1st Respondent was duly elected.
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Lucas Mulinge Wambua v Independent Electoral & Boundaries Commission (I.E.B.C) & 3 others [2018] KEMC 46 (KLR)
✦ The court found that the nomination and gazettement of the 3rd respondent, JUSTUS MUTUA MASESI, was lawful, legal, and valid, and that the same was undertaken in accordance with the Constitution and Election laws.
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Rose Moturi Mwene v Independent Electoral and Boundaries Commission & 3 others [2018] KEMC 36 (KLR)
✦ The Petitioner and the 3rd Respondent qualified to be nominated under the gender top up list. The 1st Respondent did not exceed its legal mandate to publish the Corrigenda. The Petitioner's reliefs cannot be granted.
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Lorna Chemutai & 4 others v Independent, Electoral and Boundaries Commission & 15 others [2018] KEMC 37 (KLR)
✦ Petition(s) herein therefore fail for want of an appropriate forum and time for redress of the issues raised.
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Njeru Benson Mwangangi v Nduyo Susan Ngugi & 2 others [2018] KEMC 39 (KLR)
✦ The court found that the elections were free and fair, and there were no irregularities or illegalities that impacted the integrity of the election.
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Eliud Musikongo Tenge v Nyongesa Sospeter Erastus & 2 others [2018] KEMC 44 (KLR)
✦ The application is not res judicata. Paragraph C of the application is not struck out. The 1st Respondent's grounds of opposition are not proper. The applicant has not satisfied the court that the order for scrutiny and recount should issue.