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|Case Number:||Election Petition 1 of 2017|
|Parties:||Musa Cherutich Sirma v Independent Electoral and Boundaries Commission (I.E.B.C), Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria) & Moses Lessonet|
|Date Delivered:||04 Oct 2017|
|Court:||High Court at Kabarnet|
|Judge(s):||Edward Muthoga Muriithi|
|Citation:||Musa Cherutich Sirma v Independent Electoral and Boundaries Commission (I.E.B.C) & 2 others  eKLR|
|Court Division:||Constitutional and Human Rights|
|Case Outcome:||Matters raised be dealt with after the pre-trial conference directions|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
ELECTION PETITION NO. 1 OF 2017
MUSA CHERUTICH SIRMA........................................PETITIONER
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION (I.E.B.C).........1ST RESPONDENT
THE ELDAMA RAVINE CONSTITUENCY RETURNING OFFICER
(NDIRANGU PETER KURIA)..........................2ND RESPONDENT
MOSES LESSONET......................................3RD RESPONDENT
1. Upon considering the Notice of Motion dated 25.9.2017 and the submissions of counsel for the parties herein; the court observes that the motion relates to the preservation of the Election materials and in accordance with Rule 16 of the Election Petition Rules 2017, the court should deal with question of storage of ballot boxes and other materials on the conclusion of the pre-trial conference under rule 15 of the Election Petition Rules. Rule 16 is in terms as follows;
16. (1) on conclusion of the pre-trial conference under rule 15, the election court may give directions on-
(a) Storage of the election materials including ballot boxes and documents relating to the petition;
(b) The handling and safety of the election materials; or
(c ) The time for furnishing the election materials to the election court.
(2) In giving directions under sub-rule (1), the election court shall-
(a) consider the prudent, efficient and economical use of storage and transport facilities;
(b) consider the maintenance of the integrity of the election materials; and
(c) ensure that the election materials are not interfered with.
(3) An election court may direct that the Commission maintains the custody of all election materials in relation to a petition.
(4) Only the material relating to a particular petition may be furnished to an election court.
(5) The election court may order that additional seals be placed on the ballot boxes related to the election for which a petition has been lodged.
2. As the court has not given directions on pre-trial conference under Rule 15, the matters raised in prayers 8,9 and 10 of the Notice of Motion dated 25.9.17 which were presented as the live issues of the Notice of Motion shall be dealt with after the pre-trial conference directions set for the 4.10.17.
3. Costs in the cause.
Dated and Delivered the 4th October 2017.