Benjamin Kipchumba Bett v Electoral Commission of Kenya, Electoral Commission of Kenya & Jared Chebon
Benjamin Kipchumba Bett v Electoral Commission of Kenya & 2 others  eKLR
Benjamin Kipchumba Bett v Electoral Commission of Kenya & 2 others
High Court, at Eldoret April 4, 2003
Election Petition No 1 of 2003
Election petition - procedure - requirement that petitioner must personally sign the petition - basis for that requirement - whether the petitioner must sign in a particular manner - discrepancy in signatures - decision for the election court - weight given to technicalities - section 23(1)(d) of the National Assembly and Presidential Elections Act (cap 7).
The petitioner challenged the election of the third respondent as a Member of Parliament based on the ground that several laws relating to elections had been flouted.
The third respondent raised a preliminary objection contending that he petitioner had not signed the affidavit in support of the application and the notice of appointment of advocate, which rendered the petition incurably defective. The third respondent argued that the signatures appearing in the petition, notice of appointment of advocates and in the affidavit were not by the same hand and that none of those signatures was the petitioner’s. This, it was argued, was against the requirement that the petitioner must personally sign the petition.
The petitioner conceded that the signatures were indeed different but maintained that they were by his hand. He submitted that one may have several different signatures and can be perfectly entitled to sign differently on any occasion.
1. The mandatory requirement that a petitioner in an election petition shall personally sign a petition is based on the ground that a petitioner must take personal responsibility for all the averments contained in the petition.
2. There is no legal requirement that a petitioner ought to sign a petition and a notice of appointment of advocates in a particular manner.
3. An election court is mandated under section 23(1)(d) of the National Assembly and Presidential Elections Act (cap 7) to decide all matters that come before it without undue regard to technicalities.
Preliminary objection overruled.
Moi, Daniel Toroitich Arap vs Kenneth Stanley Njindo Matiba & 2 others
(Nairobi) Civil Appeal No 176 of 1993
1. National Assembly and Presidential Election Act (cap 7) sections 20(1)(a); 23(1)(d)
2. National Assembly and Presidential (Election Petition) Rules (cap 7 Sub Leg) rules 4(3), 9
M/s Khamati, Akhaabi & Co Advocates for the Petitioner
Mr G K Mukele and Kihara Muttu for the 1st and 2nd Respondents
A G N Kamau for the 3rd respondent