Kenyan case law
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Perpetua Mponjiwa v Independent Electoral & Boundaries Commission & 3 others [2018] KEMC 81 (KLR)
✦ The petition is dismissed with costs to the 1st respondent
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Kamila Muthow Salat v Salima Hawachu Farid & 2 others [2018] KEMC 88 (KLR)
✦ The preliminary objection is overruled as it is premised on a legal technicality which does not go to the substance of the petition.
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Boniface Muisyo Nguli v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 86 (KLR)
✦ The petition is dismissed with costs, and Kamitu Alex is declared validly elected as Member of County Assembly Tala ward.
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Macharia James Simpson Ndegwa v Independent Electoral and Boundaries Commission & Weru Peter Kinyua [2018] KEMC 8 (KLR)
✦ The petition against the 1st Respondent is overtaken by events due to the death of the 2nd Respondent, and a by-election is likely to be held.
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Mogesi Agnes Bange & 8 others v Independent Electoral & Bounderies Commission & 13 others [2018] KEMC 84 (KLR)
✦ The court has jurisdiction to determine the petition as the respondents are deemed elected and any dispute to that election is properly before the court.
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Matilder Auma Oloo v Independent Electoral & Bounderies Commission & 3 others [2018] KEMC 87 (KLR)
✦ The court found that the 3rd Respondent was not qualified to be nominated as she did not have a disability certification from the National Council for Persons with Disabilities at the time of her application.
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Joseph Kibiego Koech v Gabriel Mibei & 2 others [2017] KEMC 40 (KLR)
✦ The court will consider the application for recount, but it must be established that there is a legal and factual basis for the request.
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Daudi Yusuf Heri v Independent Electoral and Boundaries Commission (IEBC) & 4 others [2017] KEMC 18 (KLR)
✦ The petition is struck out for failing to comply with the Election Rules.
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Richard Kathurima Muriungi v Independent Electrol and Bounderies Commission & 2 others [2017] KEMC 22 (KLR)
✦ The court dismissed the petition and ordered the 1st, 2nd, and 3rd respondents to testify. The court found that the security deposit was made out of time and the court had no jurisdiction to extend time as purported.
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Abdia Mohamed Oshow v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 39 (KLR)
✦ The preliminary objections raised are proper as they are premised purely on points of law.
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Bakari Hamisi Shee v Independent Election and Boundary Commission & 2 others [2017] KEMC 11 (KLR)
✦ The petition is struck out with costs to the respondents
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Barlex Samuel Juma Pius v Independent Electoral Boundaries Commission & 2 others [2017] KEMC 35 (KLR)
✦ The court struck out the further affidavit and ordered the costs of the application to be provided for.
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Jane Njeri Kamande v Anthony Njomo Mania & 3 others [2017] KEMC 36 (KLR)
✦ A declaration is issued that Joseph Githuku Kamau is the validly elected Bahari Ward member of the County Assembly of Lamu.
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Abdiwahab Sheikh Osman Hathe v Mohamed Ali Sheikh & 3 others [2017] KEMC 41 (KLR)
✦ Grant leave to respondents to file responses out of time and to amend the petition, but deny leave to file further affidavits or produce text messages.
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Mariam Abdi Mohamud v Independent and Electoral Boundaries Commission & another [2017] KEMC 33 (KLR)
✦ The court finds in favor of the petitioner, declaring the gender top up list null and void and ordering the respondent to reconstitute and gazette the list including the petitioner's name.
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Mariam Nevi Befaki & another v Independent Electoral and Boundaries Commission ( IEBC) & 2 others [2017] KEMC 32 (KLR)
✦ The 3rd Respondent's application to be struck out as a party to the petition is granted.
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Nunda Fred Ndigwa v Matundura Ismael Bosire & 2 others [2017] KEMC 7 (KLR)
✦ The court found irregularities and illegalities in the election process and ordered the security for costs of Ksh.100,000 to be shared equally among the respondents.
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Patrick Ngari Njeru v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 43 (KLR)
✦ Application dismissed with costs to the petitioner and first and second respondents
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Muktar Bishar Sheikh v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 45 (KLR)
✦ The application to strike out the supporting affidavit and affidavits was granted
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Alfred Mdeizi v Independent Electoral & Bounderies Commission ( IEBC) & another [2017] KEMC 50 (KLR)
✦ The court can enlarge time within which to deposit security for costs when properly moved and with sufficient cause.
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Cosmas Foleni Kenga v I.E.B.C & 2 others [2017] KEMC 46 (KLR)
✦ The 3rd Respondent, THOMAS MUMBA CHENGO, was validly elected as the Member of County Assembly of Tezo Ward for the County of Kilifi.
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Erick Ouma Opany v Independent Electoral & Bounderies Commission (IEBC) & another [2017] KEMC 42 (KLR)
✦ The court dismissed the petition and awarded costs to the respondents.
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Monicah Gathoni Githae & another v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 9 (KLR)
✦ Court dismissed preliminary objections
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David Ndungu Ndegwah v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 10 (KLR)
✦ The court lacks jurisdiction to hear the petition due to the nomination having been gazetted and the subsequent disputes becoming election petitions. The petition is therefore struck out with costs.
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Monicah Gathoni Githae & another v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 13 (KLR)
✦ Court dismissed preliminary objections