Election Petition E002 of 2022

Case Metadata
Case Number:	Election Petition E002 of 2022
Parties:	Bunyasi v Chebii & 3 others
Date Delivered:	07 Oct 2022
Case Class:
Court:	High Court at Busia
Case Action:	Ruling
Judge(s):	David Kipyegomen Kemei
Citation:	Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14224 (KLR) (7 October 2022) (Ruling)
Court Division:	Election Petitions
County:	Busia
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

Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14224 (KLR) (7 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14224 (KLR)

Republic of Kenya

In the High Court at Busia

Election Petition E002 of 2022

DK Kemei, J

October 7, 2022

Between

Sakwa John Bunyasi

Petitioner

and

Lazarus Chebii

1^st Respondent

Independent Electoral and Boundaries Commission

2^nd Respondent

Otuoma Paul Nyongesa

3^rd Respondent

Arthur Odera Papa

4^th Respondent

(Pre-Trial Conference (Pursuant to the Elections Act and Rules 4, 5, 15, 17, 36 of the Election Petition Rules, 2017)

Ruling

1.I have heard the oral submissions by the learned counsels for each respective party herein. It is not in dispute that in addition to the Petition before this Honourable Court, the petitioner has since filed an application dated 5^th October 2022 for the scrutiny and recount and which application is yet to be served upon the Respondents. It is also not in contention that some of the Respondents pleadings might have been filed out of time. It is also not in dispute that the Respondents are yet to file responses to the Petitioner’s application for scrutiny and recount. It is also not in contention that the Respondents are yet to move the Court formally seeking leave to regularize the pleadings filed out of time. It is also not in dispute that the 3^rd and 4^th Respondents are yet to regularize the issue of legal representation by their learned counsels. It is also not in dispute that the parties are yet to settle on the agreed issues. Finally, it is not in dispute that the parties are desirous of proceeding with the main petition physically.

2.The above issues not being in dispute, I proceed to issue the following directions: -i.As regards the issue of the legal representation of counsels for the 3^rd and 4^th Respondents, the said 3^rd and 4^th Respondents are directed to resolve the same before the next mention date.ii.The Respondents to file and serve a formal application seeking leave of this Honourable Court to regularize their pleadings filed out of time which should be done by close of business today the 7^th of October 2022.iii.The Petitioner to file and serve a response to the Respondents aforesaid application by the close of business 11^th October 2022.iv.The aforesaid Respondents application shall be canvassed by way of written submissions, starting with the Respondents filing and serving the same by close of business on 12^th October 2022 and that the Petitioner shall file his submissions by close of business on 13^th October 2022.v.The Petitioner to serve the application dated 5^th October 2022 upon the Respondents by the close of business today the 7^th October 2022.vi.The Respondents to file and serve their responses to the Petitioners application by close of business on 11^th October 2022.vii.The Petitioner’s application dated 5^th October 2022 shall be canvassed by way of written submissions with the Petitioner filing the submissions alongside further affidavit, if need be, by close of business on the 12^th October 2022. The Respondents will file and serve their submissions by close of business 13^th October 2022.viii.Each party upon being served with the pleadings shall come up with their proposed agreed issues for harmonization by the Court during the next mention date.ix.The main hearing of the Petition shall be canvassed through physical hearing at the election Court namely, Busia High Court.x.Matter is scheduled for mention (virtually) on the 14^th of October at 9.00 am at Busia High Court for further directions and orders.

DATED AND SIGNED AT BUNGOMA THIS 7^TH DAY OF OCTOBER 2022D. KEMEIJUDGEIn the presence of:Katwa & Rauto for PetitionersOwuor & Mogire & Nganga 1^st and 2^nd RespondentWesley Gichaba & Kinyua for 3^rd RespondentMakokha J P. for 4^th RespondentKizito Court Assistant