Kenyan case law
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James Kiberenge Gatere & 3 others v I E B C & 2 others & 2 others [2018] KEMC 1 (KLR)
✦ The 3rd Respondent was validly elected and declared as the MCA for Ruguru Ward in its by-election held on April 18, 2018. The by-elections were conducted in a free, fair, transparent, and credible manner.
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Hafidmaalim Ibrahim & another v Economic Freedom Party & 3 others [2018] KEMC 85 (KLR)
✦ The petitions before this court were frivolous, vexatious, scandalous, and an abuse of the court processes. The court had no jurisdiction to entertain the petitions and the same ought to have been struck out ab initio.
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Shiyenji Silas Muyeyia & another v Benson Manuni Mulinya & 2 others [2018] KEMC 82 (KLR)
✦ Application for recount of votes is allowed
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Tomito Alex Tampushi v Patrick Sosio Lekakeny & 3 others [2018] KEMC 80 (KLR)
✦ The court declared the election of the 1st Respondent null and void and ordered a fresh election for Member of County Assembly for Shankoe Ward.
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Hesborn Arao Nyakundi v Fred Nyachae Omayo & 2 others [2018] KEMC 9 (KLR)
✦ The court finds the election results valid and upholds the declaration of the 1st Respondent as the duly elected member of County Assembly for Magwagwa Ward.
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Wilson Pkerer Chekeruk v Loporna Pyatich Lonyangatodo & 2 others [2018] KEMC 55 (KLR)
✦ The court declares that Loporna Pyatich Lonyangatodo was validly elected as the Member of County Assembly for Masool Ward, Sigor Constituency.
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Francis Moenga Omesa & another v Iebc & 2 others [2018] KEMC 16 (KLR)
✦ The 3rd respondent was validly elected as the member of the county assembly for Ibeno ward.
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Esther Okenyuri Anyieni v Mokumi Edmond Anthony & 3 others [2018] KEMC 13 (KLR)
✦ The court determined that the replying affidavits by the 1st and 3rd Respondents are responses to the Petition and that the Petitioner is in the right forum to challenge the nomination.
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Yaite Philip Okoronon v Jakaa Gardy Odara & another [2018] KEMC 42 (KLR)
✦ The court declares that Jakaa Gardy Odara was validly elected as the Member of County Assembly for Bukhayo North Walatsi Ward in Busia County.
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John Osumba Olum v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 61 (KLR)
✦ The petition is dismissed with costs
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Jane Chemutai Koskei v Independent Electoral and Boundaries Commission & another [2018] KEMC 26 (KLR)
✦ The Petitioner is awarded costs of Kshs.200,000/= and a certificate of this determination
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Feisal Abdinoor Issack v IEBC & 2 others [2018] KEMC 3 (KLR)
✦ The court found the petitioner's evidence on the allegation of voter bribery full of conjectures lacking in specific details.
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Hellenah Kisiku Kitheka v Independent Electoral & Boundaries Commission [2018] KEMC 76 (KLR)
✦ The court held that the respondent's actions were in violation of the Constitution and election laws, and that the petitioner's name should have been included in the gazette notice.
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Shiyenji Silas Muyeyia & another v Benson Manuni Mulinya & 2 others [2018] KEMC 52 (KLR)
✦ The petitions are dismissed as the 1st Petitioner and 2nd Petitioner have failed to prove that the conduct of the election in question substantially violated the principles laid down in our Constitution as well as other written law on elections.
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Francis Amenya Ndubi v Independent Electoral Boundaries Commission (IEBC) & 2 others [2018] KEMC 5 (KLR)
✦ The court delivered a judgment in open court, signed by the Chief Magistrate, and the parties have a right of appeal.
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In the Matter of Violation of the Non Inclusion of the persons with Disabilities in the Kisii County Assmebly [2018] KEMC 28 (KLR)
✦ The petition qualifies as an election petition and the court will proceed to consider it on merit.
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Shamsha Issa Jimale v I.E.B.C & 3 others [2018] KEMC 23 (KLR)
✦ The petitioner's case fails and the petition is dismissed with an order that each party shall bear their own costs.
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Hamida Yaroi Shek Nuri v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 79 (KLR)
✦ Faith Tumaini Kombe was not eligible for nomination as a Member of County Assembly as she is not a registered voter. The nomination of Faith Tumaini Kombe is invalid, null and void. The nomination of Faith Tumaini Kombe is set aside. The court orders the 1st respondent to Gazette the petitioner as the woman nominee of the 2nd respondent for Tana River County Assembly Nominee in the Gender top up list.
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Trufosa Jelagat Kutto v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 34 (KLR)
✦ The Court declares that ROP PHILIPMON was not duly nominated for a County Assembly seat and that the 3rd Respondent was not validly selected as a member of County Assembly on women’s members nominated to the County Assembly list for Jubilee Party.
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John Osumba Olum v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 80 (KLR)
✦ Audit, scrutiny, recount, and re-tallying are ordered in eight specific polling stations
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Shiyenji Silas Muyeyia & another v Benson Manuni Mulinya & 2 others [2017] KEMC 29 (KLR)
✦ The Response and Further Affidavit are struck out as no leave was sought before filing the same.
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Samira Abdirahman Hassan v Independent Electrol and Boundaries Commission & 8 others [2017] KEMC 34 (KLR)
✦ The petition is dismissed, and the 5th respondent is declared validly nominated and gazzetted.
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Gideon Ndambuki Muthiani v Frank Kichoi & 2 others [2017] KEMC 112 (KLR)
✦ Petitioner's amendment request is allowed
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Hellen Ndiko Kigia & 2 others v Independent Electral Boundaries Commission & another [2017] KEMC 23 (KLR)
✦ The Petitioners' claims are dismissed with costs.
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Wilson Mwang'ombe Mwajumwa 5 & Others v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 75 (KLR)
✦ The court dismissed the petitioners' claims.