Magistrate's Courts judgments

Justine Chemtai v Winnie Atieno Nyambok (Federal Party of Kenya Party Leader) & Independent Electoral Boundaries Commission [2017] KEMC 85 (KLR)

✦ The court dismissed the preliminary objection on jurisdiction and found the petition properly before the court. The court also found that failure to deposit security for costs does not invalidate the petition. The court ordered the case to be struck out with no order as to costs.

[2017] KEMC 85 (KLR) Magistrate's Courts 16 November 2017

Rose Moturi Mwene v Independent Electoral and Boundaries Commission & 3 others [2017] KEMC 77 (KLR)

✦ The court has jurisdiction to hear the petition and dismisses the preliminary objection.

[2017] KEMC 77 (KLR) Magistrate's Courts 15 November 2017

Sahal Mugow Mohamed v Adan Bunow Hussei & 2 others [2017] KEMC 86 (KLR)

✦ The petition is dismissed for non-appearance of the petitioner and/or his advocate.

[2017] KEMC 86 (KLR) Magistrate's Courts 15 November 2017

Leo Odoyo Obambo v Bonface Ouma Oremo & another [2017] KEMC 70 (KLR)

✦ The application is dismissed as the Returning Officer is ably represented and the failure to join him as a party does not render the petition fatally defective.

[2017] KEMC 70 (KLR) Magistrate's Courts 14 November 2017

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

Mutali Sam Buyera v Independent Electoral and Boundaries Commission of Kenya & 2 others [2017] KEMC 28 (KLR)

✦ The petition is struck out and the 3rd respondent is awarded costs.

[2017] KEMC 28 (KLR) Magistrate's Courts 13 November 2017

Regina Chepkemboi Chumba v Jubilee Party & 18 others [2017] KEMC 79 (KLR)

✦ The court is properly gazetted to determine the petition and has jurisdiction.

[2017] KEMC 79 (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 & 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

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

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 105 (KLR)

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

[2017] KEMC 105 (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

Kenyan case law