Kenyan case law
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Japheth Kirimi Kobia v Julius Kabira Ambau & 2 others [2013] KEMC 96 (KLR)
✦ The court ordered the 2nd and 3rd Respondents to release copies of form 34 for all polling stations within Athiru Ruujine Ward, copies of marked registers, and a specific timeline for compliance.
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Samuel Kago Mungai Kimari & another v Miliam Wanjiru & 2 others [2013] KEMC 43 (KLR)
✦ The application by the 3rd respondent is granted to the extent that leave is granted to file an appeal against the court's ruling, but the prayer for stay of execution of the ruling is declined.
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Charles Nyaga Njeru v Independent Electoral & Boundaries Commission & Another [2013] KEMC 79 (KLR)
✦ The court granted the application for leave to amend the petition.
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Lukas Ongaki v Samwel Kenny Nyangenya & 2 others [2013] KEMC 74 (KLR)
✦ Application for scrutiny, recount, and re-tallying of votes lacking merit due to non-compliance with election rules and failure to establish sufficient reasons.
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Eric Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 93 (KLR)
✦ The court will make findings on the dispute and give further directions for the disposal of the petition as it deems appropriate.
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Eric Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 92 (KLR)
✦ The court denied the petitioner's application for scrutiny and recount.
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Eric Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 100 (KLR)
✦ The court grants the petitioner leave to file a further affidavit in support of the petition within 4 days from today and grants the respondents leave to file their further affidavits in support of their response to the petition within 4 days of being served with the further affidavit in support of the petition.
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Erick Soita Patroba v Martin Wafula Wawire & 2 others [2013] KEMC 91 (KLR)
✦ Petitioner is entitled to a copy of the marked register but not the principal register or form 33s, which are inside the ballot boxes and require a court order to access.
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Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2013] KEMC 15 (KLR)
✦ The petition is marked as settled with no order as to costs.
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Abdinoor Adan Abdikarim v Independent Electoral & Boundaries Commission & another [2013] KEMC 81 (KLR)
✦ The court found the petition to proceed in the court as gazetted, and the error in the gazette notice no 5382 at page 2301 is to be brought to the attention of the Chief Justice.
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Robert Bisakaya Wanyera v Nathan Obwana, Caleb S.Gekonde, Independent Electoral Boundaries Commission & Lorna Nanjala Khaemba (Election Petition 1 of 2013) [2013] KEMC 72 (KLR) (Civ) (15 May 2013) (Ruling)
✦ The Court declines to grant the prayers and dismisses the application with costs to the respondent
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Bakari Hassan Juma v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2013] KEMC 97 (KLR)
✦ Allowing the applications to withdraw the petition and substitute a new petitioner, with costs to the respondents and a fresh security of costs to be deposited by the substituted petitioner.
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Robert Bisakaya Wanyera v Nathan Obwana & 3 others [2013] KEMC 75 (KLR)
✦ The court grants the respondents' application for leave to file their response out of time
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Leura Lodungokiok v Lesoipa Shadrack Nakini & 5 others [2013] KEMC 4 (KLR)
✦ The court made an order that the application be served and be dealt with during the pre-trial conference.
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Abdinoor Adan Abdikarim v Independent Electrol and Boundaries Commission & another [2013] KEMC 38 (KLR)
✦ The court finds the court competent and properly constituted, with jurisdiction conferred by the gazette notice no 5382.
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National Vision Party& another v Independent Electoral and Boundaries Commission & another [2013] KEMC 18 (KLR)
✦ The court declared that the 1st respondent illegally and irregularly omitted Sarah Mohamed Ali's name from the final list of nominees.
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Iavington Montessori Kindergarten Limited v Jack Owino [2021] KEMC 7 (KLR)
✦ The court finds that the claimant has proved its case on a balance of probabilities.
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Hamdi Ahmed Ali v Victoria Cheruto Limo & 2 others [2018] KEMC 20 (KLR)
✦ The nomination of the 1st Respondent is nullified, and the Petitioner is ordered to be elected as the Kenya Patriot's Party gender special seat nominee.
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Hassan Jimal Abdi v Ibrahim Noor Hussein & 2 others [2018] KEMC 62 (KLR)
✦ The petition succeeds and the election of the 1st respondent as Member of County Assembly for Batalu ward was not free and fair. The election of the 1st Respondent as the Member of County Assembly for Batalu Ward is hereby declared null and void.
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Samuel Mauti Makori v James Ngisa Gisore & 2 others [2018] KEMC 15 (KLR)
✦ The petition is dismissed, and the 1st respondent is awarded costs of Kshs.250,000, while the 2nd and 3rd respondents are awarded costs of Kshs.250,000.
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Violet Soila Sikawa v Jubilee Party & 3 others [2018] KEMC 58 (KLR)
✦ Court has jurisdiction to hear the petition as it arises out of an electoral process
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Shadrack Kirwa Tarus v Jackson Swadi Kedogo & another [2018] KEMC 71 (KLR)
✦ The elections are declared void due to the identified irregularities and malpractices.
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Zakayo Nyongesa Harrison v Independent Electoral & Boundaries Commission & 2 others [2018] KEMC 63 (KLR)
✦ The court found that the improprieties by the respondents were not substantial and significant, and that the petitioner was not validly declared a winner.
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Gideon Ndambuki Muthiani v Frank Kichoi & 2 others [2018] KEMC 25 (KLR)
✦ The 1st Respondent was validly and duly elected as Member of County Assembly for Chawia ward
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Geoffrey Githinji Mwangi & 2 others v Jubilee Party & 9 others [2018] KEMC 74 (KLR)
✦ The preliminary objection and the 8th Interested Party's Notice of Motion are dismissed.