Kenyan case law
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Olonana D. Ololtulet v Munka Nanyokie Julius Ole & 2 others [2017] KEMC 56 (KLR)
✦ The Petition does not conform to mandatory provisions of law.
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Okoba Johanes Boy v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 16 (KLR)
✦ The petition is dismissed for want of compliance with the requisite security for costs and for non-compliance with seeking leave to amend the petition.
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Kazungu Wanje Baya v Independent Electoral and Boundaries Commission (I.E.B.C) & 2 others [2017] KEMC 44 (KLR)
✦ The court finds the petitioner's petition incurably defective and orders costs to the respondents.
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Gideon Ndambuki Muthiani v Frank Kichoi & 2 others [2017] KEMC 62 (KLR)
✦ The court held that a response to an Election Petition must be accompanied by an affidavit, and the 1st Respondent's affidavit was not properly commissioned, thus the response and affidavit should be struck out.
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Abdullahi Maalim Alio v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 3 (KLR)
✦ The petition is struck out with costs to the respondents
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Chege Ann Wanjiku v Clerk County Kiambu Assembly & 8 others [2017] KEMC 60 (KLR)
✦ The petition is dismissed as the Petitioner failed to deposit the security for costs as required by law.
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P L A v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 30 (KLR)
✦ The Petitioner's application is dismissed. The court did not make a determination on the admissibility of the birth certificate. The court did not allow the application because the Petitioner failed to bring the issue to the attention of the court at the pre-trial conference.
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Muslims for Human Rights & 3 others v Independent Electoral and Boundaries Commission & 5 others [2017] KEMC 66 (KLR)
✦ The petition is struck out due to non-compliance with statutory requirements to deposit security for costs.
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Abdullahi Issack Mohamed v Abdullahi Issack Mohamed & 2 others [2017] KEMC 52 (KLR)
✦ The application for withdrawal of the election petition is allowed.
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Salim Mweni Athman v Independent Electoral & Boundaries Commisssion (I.E.B.C) & 2 others [2017] KEMC 55 (KLR)
✦ The court dismissed the petition as the petitioner failed to deposit the security for costs within the required period.
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Amos Kimutai Birir v Hillary Kipyegon Bett & 2 others [2017] KEMC 14 (KLR)
✦ The petition is struck out due to lack of service and failure to deposit security for costs
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Kiponda Joseph Joseppe Ngumbao & another v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 49 (KLR)
✦ Application for summary judgment is denied
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Githinji Johnson Kamau v Kingara Benson Kamau, Kwanusu Dickson Simiyu & Independent Electoral and Boundaries Commission (Election Petition 1 of 2017) [2017] KEMC 63 (KLR) (Civ) (29 November 2017) (Ruling)
✦ The petition is dismissed due to the petitioner's failure to deposit security for costs.
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Dickson Karani Yaa v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 54 (KLR)
✦ The petition was found to be compliant with the law and the application was dismissed.
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Abel Kipkilei Kiptoo v Independent Electoral and Boundaries Commision (I.E.B.C) & 2 others [2017] KEMC 68 (KLR)
✦ The petition is struck out and dismissed.
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Alhad Adam Ahmed v Solomon Odanga Magembe alias Solomon Beatrice Saki Muli & 4 others [2017] KEMC 8 (KLR)
✦ SOLOMON ODANGA MAGEMBE was validly elected the Member of County Assembly for Makina Ward in the general elections held on 8th of August 2017
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Theophilus Kalama Fondo v Returning Officer Magarini Sub County , Independent Electoral & Boundaries Commission & Peter Ziro Ngowa (Election Petition 1 of 2017) [2017] KEMC 51 (KLR) (Civ) (24 November 2017) (Ruling)
✦ The Petition is fatally defective for want of form and content due to failure to state the election results and the date and manner of declaration of the said results.
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Kitavi Sammy v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 5 (KLR)
✦ The court finds the petition fatally defective and strikes it out.
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Kapusia Ole Saloni v James Kipas Langues & 2 others [2017] KEMC 76 (KLR)
✦ The Preliminary Objection is properly before the Court and falls for determination.
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Kithikii Kavindi Allan v Anntony John & 2 others [2017] KEMC 6 (KLR)
✦ The petition is incurably defective in form and substance and is struck with costs to the Respondents.
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Samuel Onyango Ong’ow v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 47 (KLR)
✦ The petition is struck out and the 2nd respondent is awarded costs of the petition and the application.
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Wilson Pkerer Chekeruk v Loporna Pyatich Lonyangatodo & 2 others [2017] KEMC 26 (KLR)
✦ The application is allowed in the following terms: The 2nd and 3rd Respondents to deliver to court the electronic voting gadgets (KIEMS KIT) and the voters register on the trial days in respect of Amolem Primary School Mobile Polling Station Code No. 037 in Masool Ward Sigor Constituency, West Pokot County. Cost of the application shall be in the cause.
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Nixon Sunte Karaine v Paul Kipamet Matuyia & 2 others [2017] KEMC 25 (KLR)
✦ The court rejects the application as it is raised in the absence of the 2nd and 3rd Respondents and is not clear.
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Makhapila J. E Mwangale v Barasa David Mabonga & 3 others [2017] KEMC 84 (KLR)
✦ The petition is struck out due to the Petitioner's failure to serve the petition and provide security as required by law.
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Joseph Kibiego Koech v Gabriel Mibei & 2 others [2017] KEMC 61 (KLR)
✦ The court allowed the application for amendment of the Petition.