Kenyan case law

Peter Kipkirui Langat v Robert Kipkirui Metet & 2 others [2013] KEMC 28 (KLR)

✦ The 1st Respondent, Robert Kipkirui Metet, was validly elected as the Member of County Assembly Silibwet Township Ward.

Mohamed Billow Mohamed v Idris Abdi Bilal & 2 others [2013] KEMC 64 (KLR)

✦ The court finds the testimonies of the petitioner and his agents credible and rejects the claims of forgery.

Mohamed Khamis Mwasengeza v Independent Election & Boundaries Commission (Iebc) & 2 others [2013] [2013] KEMC 63 (KLR)

✦ The elections were free, fair, transparent, and credible

Leonard Kikpngeno Korir v Irene Jerop Cheboi & 2 others [2013] KEMC 9 (KLR)

✦ The Petitioner should pay 12,000 shillings to the 1st Respondent and 18,000 shillings jointly to the 2nd and 3rd Respondents.

Michael Odoyo Nyakwaka v Boaz Owiti Okoth & 2 others [2013] KEMC 12 (KLR)

✦ The assessed costs for the 1st Respondent are Kshs.524,963/80, and for the 2nd and 3rd Respondents are Kshs.363,747/-.

Joseph Kiponda v Independent Electoral & Boundaries Commission (IEBC) & another [2013] KEMC 58 (KLR)

✦ Application dismissed with costs

Musa Ibrahim Dimbil v Independent Electoral and Boundaries Commission [2013] KEMC 6 (KLR)

✦ The application to withdraw the case is allowed with costs to the respondent and an order to assess the bill of costs.

Mohamed Dagane Osman v Independent Electoral & Boundaries Commission & another [2013] KEMC 7 (KLR)

✦ The application to withdraw the case is allowed with costs to the 1st respondent and the petitioner to pay the costs.

Kibet Ronoh Underson v Mibei Kennedy Kipsang & 2 others [2013] KEMC 21 (KLR)

✦ The court dismissed the petition and declared MIBEI KENNEDY KIPSANG as the duly elected candidate for MOGONDO COUNTY ASSEMBLY IN TRANSMARA EAST NAROK COUNTY.

Abiri v Nyanchama & 3 others (Election Petition 3 of 2013) [2013] KEMC 103 (KLR) (23 August 2013) (Ruling)

✦ The application is dismissed, and the costs are awarded to the respondents.

Abiri v Nyanchama & 3 others (Election Petition 3 of 2013) [2012] KEMC 1 (KLR) (23 August 2013) (Ruling)

James Gichuhi Wanyoike v Francis Obingo Were & 2 others [2013] KEMC 61 (KLR)

✦ The petition is dismissed as the errors did not affect the final result

James Gichuhi Wanyoike v Francis Obingo Were & 2 others [2013] KEMC 59 (KLR)

✦ The petition is dismissed as the errors did not affect the final result.

Salesio Mugambi M’Itonga v William Kirimi Magiri & 2 others [2013] KEMC 11 (KLR)

✦ The Petitioner's petition is dismissed.

Irene Mwihaki Asikoye v Independent Electoral & Boundaries Commission & 2 others [2013] KEMC 22 (KLR)

✦ The court found the election process valid and the third respondent's election valid.

Bakari Hassan Juma v Independent Electrol And Boundaries Commission (Iebc) & 2 others [2013] KEMC 26 (KLR)

✦ The court finds that the Petitioner has not surmounted the requisite hurdle to warrant the grant of the relief sought in the petition and dismisses the petition with costs to the 1st, 2nd and 3rd Respondents.

Bakari Hassan Juma v Independent Electrol And Boundaries Commission (Iebc) & 2others [2013] KEMC 37 (KLR)

✦ The court finds that the Petitioner has not surmounted the requisite hurdle to warrant the grant of the relief sought in the petition and dismisses the petition with costs to the 1st, 2nd and 3rd Respondents.

Bernard Muthomi Njoroge v Independent Electoral & Boundaries Commission & 2 others [2013] KEMC 40 (KLR)

✦ The election was free, fair, and transparent, and the deserving candidate was declared the winner.

Justus Nyaribo v Clerk to Nyamira County Assembly [2013] KEMC 66 (KLR)

✦ The petition is dismissed as overtaken by events.

Michael Odoyo Nyakwaka v Boaz Owiti Okoth & 2 others [2013] KEMC 5 (KLR)

✦ The application to withdraw the election petition is granted.

Joseph Kiponda v Independent Electoral & Boundaries Commission (IEBC) & another [2013] KEMC 35 (KLR)

✦ The court orders a scrutiny and recount of votes in the specified polling stations.

Benter Nyaboke Nyandiba v Fred Nyachae Omayio & 2 others [2013] KEMC 95 (KLR)

✦ The court ordered a recount of all votes cast in regard to all 14 polling stations within Magwagwa Ward.

Emmanuel Okore Sanko & another v Paul Cheruiyot Kones & 2 others [2013] KEMC 90 (KLR)

✦ The petition is properly before the court due to the anomaly in the ballot paper.

Charles Nyaga Njeru v Independent Electoral & Boundaries Commission & another [2013] KEMC 41 (KLR)

✦ The court found that there were errors in the tabulation and transfer of figures to form 36, leading to the petitioner receiving 176 votes instead of 17, and the 2nd respondent receiving 55 votes instead of 176. The court declared the election results invalid for Kamachuku polling station.

David Nyabuto Ombui v Independent Electoral and Boundaries Commission & 2 others [2013] KEMC 24 (KLR)

✦ elections were proper and regular, petition dismissed