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ODALO MAK’OJUANDO ABUOR v DALMAS OTIENO ANYANGO & 2 others[2013]eKLR

REPUBLIC OF KENYA

High Court at Homabay

Election Petition 11 of 2013

 

ODALO MAK’OJUANDO ABUOR………......…..……….......PETITIONER

VERSUS
DALMAS OTIENO ANYANGO…………......………...1ST RESPONDENT
THE RETURNING OFFICER FOR
RONGO CONST…………………………………….2ND RESPONDENT
I.E.B.C………………….....……...……………………3RD RESPONDENT
DIRECTIONS.

These directions are derived from the application made by Mr. Ouma Learned Advocate for the Petitioner, for scrutiny and recount and whose ruling I reserved to such a time as this. In his application the Petitioner had sought a scrutiny and recount of all the votes in the whole of Rongo Constituency. I reserved my ruling so as to determine if any basis would be laid for the prayer. Upon hearing the witnesses who have so far testified I am satisfied that a basis has been laid for a scrutiny and recount in the following stations:

·       Kanga Primary School (stream 1 and 2)
·       Rakwaro Primary School (stream 1 and 2)
·       Minyenya Primary School (stream 1 and 2)

In addition to the above the court itself hereby orders a scrutiny and recount in:-

·       Aila Primary School
·       Rongo showground and
·       Kangeso Primary School

The scrutiny and recount shall be conducted within a period of 14 days beginning Wednesday the 26th day of June, 2013. The ballot boxes shall to this end be delivered latest by Tuesday, 25th June, 2013. At the end of the exercise the Hon. Deputy Registrar shall file a report of her findings which report shall form part of the proceedings in this Petition. 

The Petitioner and 1st Respondent shall themselves not attend the scrutiny and recount but shall each be entitled to appoint at most 2 agents. The Independent Electoral and Boundary Commission shall also be allowed 2 Representatives.

The scrutiny and recount shall be guided by Section 82 of the Elections Act and Rule 33 (4) of the Elections (Parliamentary and County Elections) Petition Rule 2013.

It is so ordered.
 
E.N. MAINA
JUDGE.

Signed dated and delivered in Homa Bay this….20th day of June,2013.

In presence of:

Mr. Ouma and Mr. Oyuko Advocates for Petitioner

Mr. Ngani & Mr. Ario Advocates for 1st Respondent.

Mr. Murugu Advocate for the 2nd and 3rd Respondent.

Eudice Okombo – Court Interpreter.
 
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