Kenyan case law
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James Shairo Shimanyiro v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 17 (KLR)
✦ The court entertained the Preliminary Objection as it was on matters of law.
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Susan Wangui Ngugi v Jubilee Party of Kenya & 3 others [2017] KEMC 58 (KLR)
✦ The application for leave to amend the petition is dismissed.
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James Apareng Karumet v Independent Electoral and Boundaries Commission (Iebc) & 2 others [2017] KEMC 69 (KLR)
✦ The application is dismissed with costs, but the Respondents are ordered to file and serve the Petitioner with polling station diaries for specific polling stations.
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Emma Nkirote Ntongai & another v Independent Electoral & Boundaries Commission & 6 others [2017] KEMC 48 (KLR)
✦ The court dismissed the respondent's motion to strike out the petition and affidavit in limine.
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Hamdi Ahmed Ali v Victoria Cheruto Limo & 2 others [2017] KEMC 78 (KLR)
✦ The court allows the motion to enjoin the NCIC as an interested party, but limits their participation to filing of submissions only.
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Shitandi Edith Were v Henry Majimbo Okumu & 2 others [2017] KEMC 20 (KLR)
✦ Petitioner's application is disallowed
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Gerald Iha Thoya v Chiriba Daniel Chai & another [2017] KEMC 12 (KLR)
✦ The petition is struck out with costs, and the application for scrutiny and recount is overruled.
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Henry Wanyoike Wahu & 2 others v County Assembly of Kiambu & 3 others [2017] KEMC 57 (KLR)
✦ The court dismisses the petition and orders it to be struck out, with each party bearing their own costs.
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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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Feisal Abdinoor Issack v I.E.B.C & 2 others [2017] KEMC 4 (KLR)
✦ Application dismissed
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Scholastica Ngina Shiraku & another v Orange Democratic Movement & another [2017] KEMC 72 (KLR)
✦ The application is dismissed as the applicant has failed to prove his case.
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Samuel Ochieng Atinda v Nakuru Express Supplies & Services Ltd [2015] KEMC 2 (KLR)
✦ The Court finds the Claimant was summarily dismissed unfairly and awards him 7 months wages compensation.
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Naomi Wangechi Gitonga & 3 others v Independent Electoral & Boundaries Commission (IEBC) & 14 others [2014] KEMC 1 (KLR)
✦ The court ruled that the petition is not statute barred and has jurisdiction to grant the declarations sought by the petitioners.
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William Kinyanyi Onyango v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2014] KEMC 3 (KLR)
✦ The court finds that the petitioner failed to prove irregularities affecting the election results and the 3rd respondent was duly elected.
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Lucas Ongaki v Samwel Kenny Nyangenya & 2 Others [2013] KEMC 25 (KLR)
✦ The court found no sufficient evidence to support the allegations of electoral malpractices and illegalities.
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Mohammed Billow Mohamed v Idris Abdi Bilal & 2 others [2013] KEMC 84 (KLR)
✦ The application is dismissed as premature and in breach of the mandatory provisions of Rule 32 and Rule 33 of the Elections (County and Parliamentary Elections) Petitioner Rules 2013.
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Geoffrey Muli Mwalimu v Hussein Mwandia & 2 others [2013] KEMC 53 (KLR)
✦ The petition is struck out with costs, as it was filed by an unqualified person.
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Wycliffe Tabani Wepukhulu v Florence Fulano Wekesa & 2 others [2013] KEMC 39 (KLR)
✦ The court finds the process fair, free, and transparent. The petitioner's case was dismissed as he failed to adduce sufficient evidence to overturn the election results.
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Esther Waithira Chege V Manoah Karega Mboku [2013] KEMC 31 (KLR)
✦ The petition is dismissed. The 1st Respondent is validly elected. The Petitioner is not entitled to the reliefs sought.
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Kennedy Mose Nyagwaya v Independent Electoral & Boundaries Commision & 2 others [2013] KEMC 80 (KLR)
✦ The application is suspended and kept in abeyance for the court to make a finding during the course of the main petition.
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Joel Nyabuto Omwenga & 2 others v Independent Electoral And Boundaries Commission & another [2013] KEMC 70 (KLR)
✦ The court found that the omission of the 1st Petitioner's name from the ballot paper was an irregularity and that the election was not conducted in a free and fair manner.
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Samuel Kago Mungai Kimari & another v Miliam Wanjiru & 2 others [2013] KEMC 46 (KLR)
✦ The petition is dismissed as there are no substantial irregularities.
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Sharif Abduldadir Abderhman v Abdallah Chikophe & 2 others [2013] KEMC 45 (KLR)
✦ The process was fair, free and transparent. The petitioner did not adduce sufficient evidence to overturn the election results.
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Francis Mangi Kahoro v Independent Electoral & Boundaries Commission & 2 others [2013] KEMC 101 (KLR)
✦ The Court finds that Mr. Nyoike had full instruction from the Petitioner to draw the petition and appear on his behalf. The petition and application were drawn and filed by Mr. Nyoike, who practiced as Nyoike Associates.
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Francis Ingosi Kaburu v Robert Lubwa Lutatwa & another [2013] KEMC 73 (KLR)
✦ The court rejected the application for recounting and scrutinizing votes cast, finding no serious anomalies and a wide margin between the votes cast for the winner and the loser.