Kenyan case law

Asha Adbi v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 48 (KLR)

✦ The Court is satisfied that the nomination of the 2nd respondent member of county assembly Nairobi pursuant to Article 177 (1) (b) were validly elected. None of the prayers sought by the petitioner has merit. The petition is dismissed with costs to 1st and 2nd respondent.

Shitandi Edith Were v Henry Majimbo Okumu & 2 others [2018] KEMC 54 (KLR)

✦ The court declares Henry Majimbo Okumu validly elected as Member of County Assembly Khalaba Ward.

Monicah Gathoni Githae & another v Independent Electoral and Boundaries Commission & 5 others [2018] KEMC 56 (KLR)

✦ The court dismissed the application for review, finding no error on the face of the ruling and that the petitioners had filed supporting affidavits.

Lucas Mugaji Osembo v Felix Opondo Omanyi & 3 others [2018] KEMC 64 (KLR)

✦ The Petitioner's allegations are not proven, and the 1st Respondent was validly elected as Member of the County Assembly of Bunyala ward

Daniel Makecho Ndalila Muyelele v Barasa Tony Khaoya & 2 others [2018] KEMC 17 (KLR)

✦ The Petition is dismissed.

Eliphas Nyaga Mbae v Wilson Nyaga Derebia & 2 others [2018] KEMC 66 (KLR)

✦ The court found that the Petitioner did not discharge the burden of proof as required under the law.

Omari Wanjiku Esha v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 4 (KLR)

✦ The court will determine the scope of its jurisdiction, the import of the PPDT complaint, reconstitution of the party list, procedural inclusion, forwarding, lawfulness of the special category, and the nominated member status.

Boniface Shanga Amunyanyi v Returning Officer, Hamisi Sub-County & 2 others [2018] KEMC 40 (KLR)

✦ The court found the election valid and did not affect the result, thus dismissing the petition.

Margaret Nyathogora & 5 others v I.E.B.C & 14 others [2018] KEMC 7 (KLR)

✦ The court lacks jurisdiction to handle the matter at hand.

Musee Mati v Baridi Felix Mbevo & 2 others [2018] KEMC 57 (KLR)

✦ The court declared the 1st Respondent not duly and validly declared as the winner and the petitioner as the duly and validly elected winner.

Ibrahim Aruna Aramadhani v Evans Bwire Barasa & another [2018] KEMC 67 (KLR)

✦ The court declares that Evans Bwire Barasa was validly elected as the Agenga Nanguba Ward representative in the general election held on August 8, 2017.

Mpaka Jean Bosco v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 68 (KLR)

✦ The court finds that the petitioner failed to prove his case and declares Ekesa Milton Kassaman validly elected.

Regina Chepkemboi Chumba v Jubilee Party & 16 others [2018] KEMC 69 (KLR)

✦ The court dismissed the Petitioner's applications for waiver of security and for service of the Petition, finding that the Petitioner failed to serve the Petition within the stipulated 15 days and did not provide a sufficient explanation for the delay.

Julius Ochieng Omoro v Independent Electoral & Boundaries Commission & 3 others [2018] KEMC 75 (KLR)

✦ The court declares the 4th Respondent not validly elected and orders a fresh election in the entire Ward.

Dennis Duncan Muhanda v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 73 (KLR)

✦ The petitioner is granted leave to withdraw the petition.

Dennis Kaniaru Mathenge v Independent Electoral & Boundaries Commission & 8 others [2018] KEMC 70 (KLR)

✦ The nomination of the respondents as members of the Laikipia County assembly is valid

Aziz Kassim Ibrahim v Independent Electoral and Boundaries Commission (IEBC) & 4 Others [2018] KEMC 77 (KLR)

✦ The court dismissed the petition and ordered the petitioner to pay costs to the 1st and 5th respondents

Paul Odhiambo Okello v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 59 (KLR)

✦ The petition is dismissed and the petition dated 6/9/2017 is struck out with costs to the respondents. The amended petition is also struck out with costs to the respondents.

Elizabeth Jebet Kibor v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 65 (KLR)

✦ The court held that the 3rd Respondent was validly elected and that the 1st Respondent did not disobey its mandate.

Republic v Kiriago (Anti-Corruption Case 15 of 2016) [2018] KEMC 95 (KLR) (Anti-Corruption and Economic Crimes) (22 January 2018) (Ruling)

✦ The accused is acquitted in counts 2 and 3, and placed on his defence in counts 1 and 4.

Samson Kinyua Magambo v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 78 (KLR)

✦ The court found that the elections were not conducted in accordance with the constitution and the election's Act and the Elections Rules, and that there were irregularities and improprieties in the conduct of the elections.

Daniel Makecho Ndalila Muyelele v Barasa Tony Khaoya, Kennedy Ochanyo & I.E.B.C [2018] KEMC 45 (KLR)

✦ The application is granted.

Ibrahim Mohammed Therar v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 60 (KLR)

Peter Muchiri Mwangi v Independent Electoral and Boundaries Commission [2018] KEMC 83 (KLR)

✦ The Petition is dismissed.

Jane Chemutai Koskei v Independent Electoral and Boundaries Commission & another [2018] KEMC 72 (KLR)

✦ The First Respondent's application for extension of time is allowed, and they are granted seven (7) days to file and serve their response. The application to strike out the petition is dismissed.