Kenyan case law
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Mwangi Kimwele & 4 others v Kibwana Saleh Baya & 2 others [2013] KEMC 83 (KLR)
✦ 3rd petitioner's petition is dismissed with costs to respondents, and affidavits of Musiwa Hassan Ali, Victor Musee Owino, and Riwa Mwangolo are expunged from the records.
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Okwemba Milsadeck Elisaphan v Independent Electoral & Boundaries Commission (I.E.B.C.) & 2 others [2013] KEMC 55 (KLR)
✦ The court found that the irregularities at some polling stations warranted a scrutiny and recounting of votes.
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Johnbosco Mbuthu Makau & 2 others v Independent Electroral and Boundaries Commission (I.E.B.C.) & 2 others [2013] KEMC 71 (KLR)
✦ Petitioners failed to prove their case and the election was fair.
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Jeremiah Kioko Kyalo v Independent Electoral & Boundaries Commission & 2 others [2013] KEMC 98 (KLR)
✦ Petitioner's petition is dismissed in its entirety.
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Abdinoor Adan Abdikarim v Independent Electoral & Boundaries Commission & another [2013] KEMC 99 (KLR)
✦ The election petition is dismissed with costs
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Abdinoor Adan Abdikarim v Independent Electoral & Boundaries Commission & another [2013] KEMC 2 (KLR)
✦ The election petition is dismissed with costs.
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Emmanuel Katina Michael & 2 others v IEBC & 2 others [2013] KEMC 44 (KLR)
✦ The court found the elections to be flawed and irregular, and the petitioners' rights were violated.
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Joseph Kiponda v Independent Electoral and Boundaries Commission & another [2013] KEMC 67 (KLR)
✦ The court does not find it appropriate to allow the application at this stage and gives directions for the petition to proceed to hearing.
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Japheth Omari Ombeo v Robert Nyamache Siocha Returning Officer Bobasi Constituency & another [2013] KEMC 30 (KLR)
✦ The petition and all subsequent pleadings filed by Japheth Osoro are incompetent and incurably defective.
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Joel Nyabuto Omwenga & 2 others v IEBC & another [2013] KEMC 68 (KLR)
✦ The court reserves the discretion to determine who submits first and does so in accordance with the Constitution of Kenya 2010 and Elections Act and rules.
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Terer v Langat & 3 others (Election Petition 1 of 2013) [2013] KEMC 47 (KLR) (5 July 2013) (Judgment)
✦ The election of John Langat as Speaker of Bomet County Assembly was nullified due to his failure to resign from public office as required by the Elections Act.
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Justus Nyaribo v Clerk Nyamira County Assembly [2013] KEMC 94 (KLR)
✦ The application is dismissed as the Respondent did not have knowledge of the court order
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Aden Yusuf Bute v I.E.B.C & 2 others [2013] KEMC 49 (KLR)
✦ The petition is struck out with costs to the respondents
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Charles Nyaga Njeru v Independent Electoral & Boundaries Commission & another [2013] KEMC 102 (KLR)
✦ The court will not consider the new issues and evidence introduced by the petitioner.
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Peter Kipkirui Langat v Robert Kipkirui Metet & 2 Others [2013] KEMC 85 (KLR)
✦ The court cannot order a recount or scrutiny of votes if not prayed for in the petition, but can do so suo moto or on the application by a party. The court must be satisfied that there is sufficient reason to order for the same.
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Lemmy Samatei Kamuye v Born Bob Maren & 2 others [2013] KEMC 77 (KLR)
✦ The petition is struck out in its entirety as incurably defective, incompetent, and bad in law.
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David Nyabuto Ombati v Independent Electoral & Boundaries Commission & 2 others [2013] KEMC 88 (KLR)
✦ The court declines to grant an order for recount as it was not pleaded ab initio in the prayers in the main petition.
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Mohamed Khamis Mwasengeza v Independen Election & Boundaries Commission (IEBC) & 2 others [2013] KEMC 87 (KLR)
✦ The court finds no basis for a case for scrutiny as by law required and dismisses the prayers for scrutiny of votes and documents and the prayer for tallying of votes.
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Nelson Bikundo Apima v Robert Apiemi Ongwano & 2 others [2013] KEMC 82 (KLR)
✦ The petition and amended petition are struck out and dismissed
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Abraham Mwangi Njihia v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2013] KEMC 3 (KLR)
✦ The petition should not be struck out as it was filed by an advocate who had a practicing certificate dated 2013
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Michael Odoyo Nyakwaka v Boaz Owiti Okoth & 2 others [2013] KEMC 13 (KLR)
✦ The court adjourns the matter to a date after July 19, 2013, to allow for the gazette notice to expire, and orders the petitioner to meet the respondents' costs.
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Sereria v Allianca (One) Tobacco (K) Ltd (Civil Suit 2 of 2012) [2013] KEMC 104 (KLR) (6 June 2013) (Judgment)
✦ The court finds that the plaintiff has failed to prove his claim against the defendant and dismisses the suit with costs to the defendant.
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John Mbaabu Murithi v Jacob Mwirigu Muthuri & 2 others [2013] KEMC 32 (KLR)
✦ The court grants the application for scrutiny and recount of ballot papers, but declines to order a stay of proceedings.
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Mohamed Dagane Osman v Independent Electoral and Boundaries Commission & another [2013] KEMC 1 (KLR)
✦ The court dismisses the petitioners' application to strike out the respondents' answers and exclude them from the proceedings.
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Joseph Kiponda v Independent Electoral & Boundaries Commission & Stephen Bahati Mulanda (Election Petition 1 of 2013) [2013] KEMC 65 (KLR) (Constitutional and Human Rights) (31 May 2013) (Ruling)
✦ The application is dismissed as the petitioner has not demonstrated irreparable loss or damage and allowing the application would be a premature determination of the petition.