REPUBLIC OF KENYA

High Court at Busia

Petition 3 of 2013

JOHN OKELO NAGAFWA…..……………….....…………………PETITIONER

THE INDEPENDENT ELECTORIAL & BOUNDERIES

COMMISISON …………………………………………….1^ST RESPONDENT

SAMSON OJIEM ORIEDO …………………………….2^ND RESPONDENT

PAUL OTUOMA NYONGESA …………………………..3^RD RESPONDENT

14^TH MAY 2013

            Kadenyi – court clerk

            Masika and Oundo for Petitioner

            Mutahi for 1^st and 2^nd Respondents

            Wangalwa for 3^rd Respondent

DIRECTIONS AT PRE-TRIAL CONFERENCE

1.1.   It was confirmed that all parties had complied with the  Statutory  timelines in respect to filing and service of the Petition and the Responses.

1.2.   It was agreed that the payment for the security of costs made by the Petitioner on 19^th April 2013 be and is hereby deemed as deposited within time.

        Parties to exchange and agree on issues by 17^th May 2013 and   to file the same by 21^st May 2013. In default the Court shall  frame the issues on or before the hearing date.

3)             INTERLOCUTORY MATTERS AND APPLICATIONS

3.1    The 1^st Respondent shall within 7 (seven) days hereof deliver to  the Deputy Registrar of this Court the results of the election which shall include all original forms 35 and 36.

3.2    The 1^st Respondent shall within 14 (fourteen) days hereof deliver to the Deputy Registrar a copy of the Electronic Registers and Green Books in respect to Sigalame   Primary school Polling Station and Sigalame Secondary Polling Station and the same shall thereafter be availed for inspection by the Petitioner on the directions of the Court.

3.3.   The 1^st Respondent shall not less than 48 (forty eight) hours before the hearing date  deliver to the Deputy Registrar of this Court all ballot boxes in respect to the election.

3.4.   The 1^st Respondent shall within 14 (fourteen) days hereof file and serve the Petitioner and the 3^rd Respondent with a list of the names of all Presiding officers, Deputy Presiding officers and clerks who manned all polling stations.

3.5.   The Petitioners are granted leave of 7 (seven) days to file and serve  affidavits in respect to additional evidence.

3.6.   The Respondents  are at liberty to file and serve affidavits in  respect to additional evidence within 7 (seven) days of service.

3.7.   The Petitioner is granted leave to file and serve an application  for recount and scrutiny within 7 (seven) days hereof.

3.8.   The 3^rd Respondent is granted leave to file and serve an application for the enhancement of security of costs within 7 (seven) days hereof.

3.8.   Responses, if any, to both applications shall be filed and served   within 7 (seven) days of service of the Applications.

3.9.   Both applications shall be heard on 3rd of  June 2013.

        All video, electronic or photographic evidence shall be  exchanged by the parties within 14 (fourteen) days and if no  agreement is reached on their production then the Court shall decide.

5)         WITNESSES AND HEARING

5.1.   The affidavits of witnesses shall form their evidence-in-chief    whereupon they shall be cross-examined.

5.2    The examination-in-chief, cross-examination and re-examination of the Petitioner’s witness shall be limited to 5  (five) days.

5.3    The examination-in-chief, cross-examination and re-examination of the Respondents witnesses shall also be limited to 5(five) days.

5.4    Hearing shall be from 4^th June 2013 to 7^th June 2013 and from 17^th June 2013 to 21st June 2013, the first and last days included.

An order on submissions shall be made by Court at the close of taking of evidence.

DATED AND ISSUED AT BUSIA THIS 14^TH DAY OF MAY 2013.

F. TUIYOTT

J U D G E