Election Petitions

View the Current Status of all Election Petitions

ELECTION PETITION UPDATE TABLE

No.

Election Pet. No.

Petitioner(s)

Respondent(s)

Electoral Area

Election Court

Court proceedings

BUNGOMA

SENATOR

1

Bungoma HC Pet. No. 3 of 2013

Musikari Nazi Kombo

Moses Masika Wetangula

IEBC

Madahana Mbayah

Senator, Bungoma County

Justice Francis Muthuku Gikonyo, Bungoma HC

-Application for striking out a paragraph in an affidavit.

-part of a paragraph struck out

Ruling delivered on 4.6.13

-Application for need for certification of translation

-Application to struck out affividavits

-Application declined

Ruling delivered on 7.6.13

-Application for striking out specific paragraphs in an affidavit

-Striking out declined

Ruling delivered on 10.6.13

-Application for objection to no annextures to affidavit

-Objection succeeds to an extent

Ruling delivered on 10.6.13

-Application for recount & scrutiny

Application allowed

Ruling delivered on 13.6.13

-Application on defective affidavit

Application disallowed

Ruling delivered on 4.7.13

-Appplication for recount & scrutiny

-Application allowed

Ruling delivered on 15.7.13

-Petition challenging Senatorial election for Bungoma County

-Petition allowed

Judgment delivered on 30.9.13

-An Appeal against the judgment and Decree of the High Court of Kenya t Bungoma (Gikonyo, J) rendered on 30th September, 2013

-Appeal dismissed

Judgment delivered on 14.3.14 (Court of Appeal)                                 

Member of Parliament

2

Bungoma HC Pet. No. 2 of 2013

Moses Wanjala Lukoye

IEBC

Bernard Alfred Wekesa Sambu

Joyce Wamalwa, Returning Officer

MP, Webuye East Constituency, Bungoma County

Justice Francis Muthuku Gikonyo, Bungoma HC

- Application for objection to evidence by Petitioner.

-Objection disallowed

Ruling delivered on 17.5.13

Application for objection to the admissibility of exhibits

-Corrigenda Ruling dated 17.6.13

-Application for production of documents

-Request disallowed

Ruling delivered on 18.6.13

-An inquiry on 2 petitions filed in one

-Petition spared, Petitioner to serve all Respondents

Ruling delivered on 19.6.13

-The question of dual party membership and eligibility

Ruling delivered on 24.6.13

Application for dismissing a petition

-Petition dismissed for failure to deposit security for costs and non service

Ruling delivered on 24.6.13

-Petition challenging election of Member of the National Assembly for Webuye East Constituency

-Petition dismissed

Judgment delivered on 30.9.13

3

Bungoma HC Pet. No. 4 of 2013

John Murumba Chikati

I.E.B.C

Returning Officer

Eseli Simiyu

MP, Tongaren Constituency, Bungoma County

Justice Francis Muthuku Gikonyo, Bungoma HC

-Application for objection to a witness – official of IEBC.

-Objection disallowed

Ruling delivered on 21.5.13

-Petition challenging election of Member of National Assembly for Tongaren Constituency.

-Petition dismissed

Judgment delivered on 30.9.13

4

Bungoma HC Pet. No. 5 of 2013

Philip Mukwe

Wasike

James Lusweti Mukwe

IEBC

Silas Rotich

MP, Kabuchai Constituency, Bungoma County

Justice Hellen A. Omondi, Bungoma HC

-Application for leave to file & serve responses & all witness statements

-Application allowed

Ruling delivered on 3.5.13

-Directions

Ruling delivered on 13.5.13

-Application to file further affidavits & adduce additional evidence,be allowed access to certain information & materials.

-Preliminary objection dismissed

Ruling delivered on 15.5.13

-Application for filling of further affidavits.

-Application allowed

Ruling delivered on 17.5.13

-Application for scrutiny and recount of the ballot papers,counterfoils of used & un-used ballot paers, counted ballot papers, polling day dairies & ballot boxes in a certain constituency.

-Scrutiny and recount allowed in respect of certain documents.

Ruling delivered on 6.6.13

-Petition challenging election of Member of National Assembly of Kabuchai Constituency.

-Petition dismissed

Judgment delivered on 26.9.13

5

Bungoma HC Pet. No. 6 of 2013

Joash Wamangoli

IEBC

Bernard Odul, Returning Officer

Daniel Wanyama Sitati

Zakari Kariuki Kiaga

MP, Webuye West Constituency, Bungoma County

Justice Hellen A. Omondi, Bungoma HC

-Application for recount & secrutiny of ballot papers

-Scrutiny of limited polling stations allowed

Ruling delivered on 18.6.13

-Petition challenging election Member of National Assembly of Webuye West Constituency.\

Petition dismissed

Judgment delivered on 26.9.13

6

Bungoma HC Pet. No. 7 of 2013

Martin Sarakwe Wechuli

Boniface Okhiya Otsitula

IEBC

Returning Officer, Bumula constituency

MP, Bumula Constituency, Bungoma County

Justice Hellen A. Omondi, Bungoma HC

-Application for withdrawal of Petition.

Gazette Notice 6403 Dated 22nd April 2013

Petition withdrawn.

Ruling delivered on 15.5.13

WOMEN REPRESENTATIVE

7

Bungoma HC Pet. No. 8 of 2013

Major Rtd. Godfrey Masaba

Reginalda Nakhumicha Wanyonyi

IEBC

Madahana Mbayah

Women Representative, Bungoma County

Justice Hellen A. Omondi, Bungoma HC

-Petition challenging the election of County Women Representative Member of National Assembly Bungoma County.

-Petition dismissed

Ruling delivered on 30.8.13

-Application for review of Court findings & orders issued on 30.08.13

-Application dismissed

Ruling delivered on 25.9.13

-An Appeal from the Ruling and Orders of the High Court of Kenya at Bungoma (A. Omondi, J.) dated 25th September, 2013

-Appeal succeeds in part, award of costs to the interested parties is hereby set aside

Judgment delivered on 13. 6. 14 (Court of Appeal)

COUNTY ASSEMBLY WARD

 8

Bungoma HC Pet. No. 1 of 2013

Milkah Nanyokia Masungo

Robert Wekesa Mwembe

Bernard Odul, Returning Officer

IEBC

County Assembly Ward Representative, Misikhu Ward, Webuye West Constituency, Bungoma County

Hon. Margaret Wambani (to be gazetted) Bungoma CM’s Court

-Application for transfer of Petition to Magistrates Court.

-Petition transferred.

Ruling on 17.5.13

As per Gazette Notice No. 7079, the Election Petition Number ha been replaced with Bungoma CMCC No. 2 of 2013. Click here

- An appeal from the Judgment of Hon. Margaret Wambani, SPM delivered on 25/9/2013
-Appeal allowed.

Judgment delivered on 26.3.14 (Mabeya J)

BUSIA

Member of Parliament

9

Busia HC Pet. No. 1 of 2013

Phillip Osore Ogutu

IEBC

Michael Onyura Aringo

Returning Officer

MP, Butula Constituency, Busia County

Justice Francis Tuiyott, Busia HC

-Directions at pre trial conferrence

Ruling delivered on 2.5.13

-Application for scrutiny of election results.

-Scrutiny allowed in one polling station.

Ruling delivered on 23.5.13

-Application for recount & retallying

-Application allowed for 5 polling stations

Ruling delivered on 26.6.13

-Petition challenging election of Member of the National Assembly for Butula Constituency, Busia County.

-Petition dismissed

Judgment delivered on 9.9.13

-Appeal from a Judgment of the High Court of Kenya at Busia (F.Tuiyot,) dated 9th September,2013

Appeal dismissed

Judgement delivered on 21.2.14(Court of Appeal)

10

Busia HC Pet. No. 2 of 2013

Henry Okello Nadimo

IEBC

Paul Cheruiyot Kones

Pius Ababu Namwamba

MP, Budalangi Constituency, Busia County

Justice Francis Tuiyott, Busia HC

-Directions at Pre-Trial Chamber dated 14.5.13

-Application for security for costs tendered be enhanced.

-Application for preliminary objection striking out affidavits & video filed out of time & irregulary placed on court record.

-Preliminary objection allowed, affidavits & recording (video) struck out to be excluded on court record.

Ruling delivered on 12.6.13

-Petition challenging the election of member of national assembly for Budalangi Constituency.

Petition dismissed

Judgment delivered on 24.9.13

11

Busia HC Pet. No. 3 of 2013

John Okelo Nagafwa

IEBC

Samson Oriedo Ojiem

Paul Otuoma Nyongesa

MP, Funyula Constituency, Busia County

Justice Francis Tuiyott, Busia HC

-Directions at Pre-Trial Chambers dated 14.5.13

-Application whether the response by the third party was signed by an unqualified person and/or a full time state officer.

-Application dismissed

Ruling delivered on 5.6.12

-Petition challenging election of Member of the National Assembly for

Funyula Constituency.

-Petition dismissed

Judgment delivered on 26.9.13

ELDORET

Member of Parliament

12

Eldoret HC Pet. No. 1 of 2013

Charles Kamuren

Grace Jelagat Kipchoim

Martin Kituyi Wekesa

IEBC

MP, Baringo South Constituency, Baringo County

Lady Justice Lydia Achode, Eldoret HC

-Application to struck out petition.
-Petition struck out
Ruling read on 17.6.13

-An appeal from the Decision/Ruling of the High Court of Kenya at Eldoret (Achode, J.) dated 17th June, 2013

Appeal dismissed

Judgment delivered on 20.12.13 (Court of Appeal)

13

Eldoret HC Pet. No. 2 of 2013

Stephen Kipkebut

William Kipkorir Cheptumo

Peter Ouma Onyango

IEBC

MP, Baringo North Constituency, Baringo County

Lady Justice Lydia Achode, Eldoret HC

Application for Withdrawal. (Gazette Noptice No.6715)

EMBU

GOVERNOR

14

Embu HC Pet. No. 1 of 2013

Kithinji Kiragu

Martin Nyaga Wambora,

David Kiambi (County Returning Officer)

IEBC

Governor, Embu County

Justice Hedwig Imbosa Ong’udi, Embu HC

-Application for scrutiny

-Scrutiny declined

Ruling delivered on 12.7.13

-Directions on scrutiny & recount

Directions dated 2.7.13

-Application for nullification of gubernatorial elections for Embu County.

-Application for recount & scrutiny of ballots from 2 constitituencies

-Petition dismissed.

Judgment read on 22.8.13

15

Embu HC Pet. No. 2 of 2013

M’Nkiria Petkay Shen Miriti

Ragwa Samuel Mbae

IEBC

Samuel Mucheru

Governor, Tharaka Nithi County

Lady Justice Jessie W. Lesiit, Meru HC

-Application for striking out petition.

-Application dismissed

Ruling delivered on 24.6.13

-Application seeking court’s leave to allow the Petitioner introduce additional evidence

-Application rejected

Ruling delivered on 1.7.13

-Application to introduce new evidence and to cross examine witnesses in election petitions under the Evidence Act

-Application to cross examine allowed.

-Application to introduce new evidence not within the pleadings disallowed.

Ruling delivered on 15.07.13

-Petition challenging Gubernatorial election for Tharaka-Nithi County

-Petition dismissed

Judgment delivered on 27.9.13

-An appeal from the judgment of the High Court of Kenya at Meru (Lesiit, J.) dated 27th September, 2013

-Appeal dismissed

Judgment delivered on 8.4.14 (Court of Appeal)

WOMEN REPRESENTATIVE

16

Embu HC Pet. No. 3 of 2013

Mercy Kirito Mutegi

Beatrice Nkatha Nyaga,

IEBC

Samuel Mucheru

Women Representative, Tharaka Nithi County

Lady Justice Jessie W. Lesiit, Meru HC

-Application for striking out petition.

-Application dismissed.

Ruling delivered on 25.7.13

-Petition challenging election of Women Representative, Tharaka-Nithi County

-Petition dismissed

Judgment delivered on 27.9.13

-An appeal from the judgment and Order of the High Court of Kenya at Meru,(Lesiit, J.) dated 27th September, 2013,

-Appeal dismissed

Judgment delivered on 8.4.14 (Court of Appeal)

COUNTY ASSEMBLY SPEAKER

17

Embu HC Pet. No. 15 of 2013

Mungai Kivuti

Margaret Lorna Kariuki,

The Transition Authority

IEBC

Embu County Speaker

Justice Hedwig Imbosa Ong’udi, Meru HC

-Appeal arising from Embu CMCC 54A/13.

-Appeal withdrawn on 9.3.13

GARISSA

GOVERNOR

18

Garissa HC Pet. No. 1 of 2013

Mohammed Ali Mursal.

Saadia Mohamed

IEBC

Ahmed Abdullahi Mohamad

Governor, Wajir County

Justice Stella Ngali Mutuku, Garissa HC

-Service via SMS and Jurisdiction

Ruling delivered on 26.3.13

-Application for Review - Election Petition 1of 13 on service via SMS and Jurisdiction of the court.

-Application dismissed.

Ruling delivered on 27.3.13

-Application to file further affidavits and service and to file checklists

-Application allowed.

-Ruling delivered on 3.6.13

-Application for reviewing court orders

-Review declined

Ruling delivered on 3.6.13

Application for review of orders.

Application partly allowed

Ruling delivered on 17.6.13

-Application for objection to expert evidence

-Objection rejected

Ruling delivered on 19.6.13

Ruling on evidence- delivered on 19.6.13

-Petitioner praying that 3rd Respondent was not validly elected as Governor of Wajir County and that Court to order fresh elections forv Governor Wajir County.

-Petition dismissed

Judgment delivered on 5.8.13

-Being appeal from the judgment & decree of the High Court of Kenya at Garissa dated 5.8.13

-Appeal dismissed

Judgment delivered on 7.2.14 (Court of Appeal)

19

Garissa HC Pet. No. 2 of 2013

Abdikhaim Osman Mohamed

Sahael Nuno Abdi.

IEBC

Returning Officer– Garissa County

Nathif Jama Adan,

Governor, Garissa County

Justice Alfred Mabeya, Milimani HC

-Service via SMS and Jurisdiction of the Court.

Ruling delivered on 26.3.13 by Justice Stella Ngali Mutuku

-Application for production of the ballot boxes that are in possession of the Police

-Application dismissed

Ruling delivered on 7.6.13 by Justice A. Mabeya

-Petition challenging Gubernatorial election for Garissa County.

-Petition dismissed

Judgment delivered on 24.9.13

-Being an Appeal from the Judgment and Decree of the High Court of Kenya at Garissa as heard in the High Court of Kenya at Nairobi (The Hon. Mr. Justice A. Mabeya) delivered on the 25th September, 2013

-Appeal allowed

Judgment delivered on 23.4.14 (Court of Appeal)

-Being an application for stay of execution of the Judgement and order of the Court of Appeal; at Nairobi in Civil Appeal No. 293 of  2013 (D.K.Maraga, J.W.Mwera & P.M.Mwilu JJ.A) dated 23rd April, 2014)

-Application allowed

-Ruling delivered on 9.5.14 (Supreme Court of Kenya)

- Being an appeal from the Judgement and Orders of the Court of Appeal at Nairobi in Civil Appeal No. 293 of 2013 (Maraga, Mwera & Mwilu JJA) dated 23rd April, 2014)

-Petition of Appeal is allowed

Judgment delivered on 9.7.14

SENATOR

20

Garissa HC Pet. No. 3 of 2013

Hussein Mohamed Abdirahman

Returning Officer- Mandera County(IEBC)

IEBC

Billow Adan Kerrow

Senator, Mandera County

Justice Stella Ngali Mutuku, Garissa HC

-Petition withdrawn

-Order dated 6.3.14

Member of Parliament

21

Garissa HC Pet. No. 5 of 2013

Abdisalan Mohamed

IEBC

Ibrahim Abdi Saney

MP Wajir North Constituency, Wajir County

Lady Justice Pauline Nyamweya, Milimani HC

-Application for withdrawal of a petition.

-Petitioner granted leave to withdraw petition.

-Petition marked as withdrawn.

Ruling delivered on 29.7.13

22

Garissa HC Pet. No. 6 of 2013

Hassan Mohamed Hassan

Abdikarim Nunow Amin

IEBC

Festus Ngeerah(Returning Officer)

Abdikadir Ore Ahmed

MP, Wajir West Constituency, Wajir County

Justice David Onyancha, Milimani HC

-Application for seeking orders of scrutiny & recount.

-application rejected

Ruling delivered 20.6.13

-Application for leave to call expert witness

-Application dismissed

Ruling delivered on 10.7.13

-Petition challenging electionof Member of the National Assembly Wajir West Constituency

-Petition dismissed

Judgment delivered on 19.9.13

23

Garissa HC Pet. No. 7 of 2013

Bashir Haji Abdullahi

Adan Mohammed Nooru

Billow Adan Kerow

Ekonit Komol John (RO- Mandera North Constituency)

IEBC

MP Mandera North Constituency, Mandera County

Justice David Onyancha, Milimani HC

-Application for striking out petition – dismissed.

-Ruling delivered on 31.5.13

-Application for striking out the Respondents “affidavits in reply”.
-Application dismissed
-Affidavits in reply admitted
Ruling delivered on 17.6.13


-Application for striking out petition
-Application dismissed.
Ruling delivered on 17.6.13

-Application for scrutiny of all votes cast in all 55 polling stations in respect of the national assembly seat in Mandera North Constituency

-Application allowed, scrutiny & recount in respect of 6 polling stations

Ruling delivered on 5.8.13

-Petition challenging election of Member of the national Assembly for Mandera North Constituency

-Petition dismissed

Judgment delivered on 2.10.13

-Appeal from the Judgment of the High Court of Kenya at Nairobi (Onyancha, J.) delivered on 2nd October 2013

-Preliminary objection succeeds and is upheld to the extent of ten grounds of appeal.

Ruling delivered on 14.3.14 (Court of Appeal)

-Being an appeal from the judgment of the High Court of Kenya at Nairobi (D. Onyancha, J.) dated on the 2nd October, 2013

-Cross appeal-allowed, appeal struck out

Judgment delivered on 29.4.14 (Court of Appeal)

24

Garissa HC Pet. No. 8 of 2013

Ahmed Abdullahi Amin

Mohammedkher Adam Mahat

Abass Sheikh Mohamed

I.E.B.C

Njoroge Maina Andrew

MP Wajir East Constituency, Wajir County

Justice George Kanyi Kimondo, Milimani HC

-Application for withdrawal of petition

-Application allowed

-Ruling delivered on 25.6.13

25

Garissa HC Pet. No. 9 of 2013

Abdinasir Yasin Ahmed

Ubah Abdullahi Sanei

Yusuf Suleiman Ahmed

Ahmed Ibrahim Abass,

IEBC

George Chege

MP, Ijara Constituency, Garissa County

Justice Alfred Mabeya, Milimani HC

-Application for leave to call a witness to testify although his affividavit not filed.

-Application granted

Ruling delivered on 19.7.13

-Application for recount & scrutiny of votes cast & various documents

-Application allowed

Ruling read on 7.8.13

-Petition challenging election of Member of the National Assembly for Ijara Constituency

-Petition dismissed

Judgment delivered on 25.9.13

WOMEN REPRESENTATIVE

26

Garissa HC Pet. No. 4 of 2013

Amina Hassan Ahmed

Returning Officer Mandera County (IEBC)

IEBC

Fathia Mahbub

Women Representative, Mandera County

Justice David Onyancha, Milimani HC

-Application for striking out Petition for want of forms.

-Petition struck out

Ruling delivered on 22.5.13

27

Garissa HC Pet. No. 10 of 2013

Maryan Hussein Mohamed

IEBC

Returning Officer (Garissa County)

Shukra Hussein Gure

Director of Immigration Services, Ministry of Immigration and Registration of Persons, the AG (Interested Parties)

Women Representative, Garissa County

Justice Edwina Rose Ougo, Milimani HC

Application for Withdrawal. (Gazette Notice No. 7450)

HOMA BAY

Member of Parliament

28

Homa Bay HC Pet. No. 1 of 2013

Charles Ong’ondo Were

Joseph Oyugi Magwanga

IEBC

Returning Officer, Kasipul Constituency

MP, Kasipul Constituency, Homa Bay County

Justice Esther Nyambura Maina, Homabay HC

-Application by interested party soughting leave to participate in the proceedings as the 4th Respondent in a petition.

-Application dismissed

Ruling delivered on 27.5.13

-Application for scrutiny & recount

-Application for objection to hearing of any further proceedings in the petition.

-Preliminary objection dismissed

-Application for scrutiny & recount rejected.

Ruling delivered on 30.5.13

-Petition challenging election of Member of the National Assembly for Kasipul Constituency, Homa Bay County.

-Petition dismissed

Judgment delivered on 2.9.13

KAKAMEGA

GOVERNOR

29

Kakamega HC Pet. No. 5 of 2013

Mable Muruli

Hon. Wycliffe Ambetsa Oparanya,

Philip Museve Kutima,

Nicholas Sumba, IEBC

Governor, Kakamega County

Justice Said Juma Chitembwe, Kakamega HC

-Application for expunging several paragraphs contained in the petitioners affidavits.

Application dismissed

Ruling delivered on 26.6.13

-Petition challenging Gubernatorial election Kakamega County

-Petition dismissed

Judgment delivered on 13.9.13

-Being an appeal against the Judgment of the High Court of Kenya at Kakamega (Said J. Chitembwe, J.) dated 13th September, 2013

-Appeal dismissed

Judgment delivered on 14.3.14 (Court of Appeal)

Member of Parliament

30

Kakamega HC Pet. No. 3 of 2013

Antony Luyudi. Isayi

Raphael Milikau Otaalo

IEBC

MP, Lurambi Constituency, Kakamega County

Justice Said Juma Chitembwe, Kakamega HC

-Petition challenging election of Member of Parliarment for Lurambi Constituency.

-Petition dismissed

Judgment delivered on 4.9.13

31

Kakamega HC Pet. No. 4 of 2013

Joseph Amisi Omukanda

IEBC

Wilson Kimutai Kipchumba (Returning Officer)

Emanuel Wangwe

MP, Navakholo Constituency, Kakamega County

Justice Said Juma Chitembwe, Kakamega HC

-Application for striking out entire paragraph of affidavit

Application allowed partly

Ruling delivered on 19.6.13

-Application for scrutiny & recount

-Recount allowed

Ruling delivered on 26.7.13

-Petition challenging election of Member of the National Assembly for Navakholo Constituency.

-Petition dismissed

Judgment delivered on 20.9.13

-Appeal from the Judgment/Decree of the High Court of Kenya at Kakamega (Chitembw,e J.) dated 20th day of September, 2013

-Order on costs of the petition set aside and substituted with an order dismissing the petition with costs to the 3rd respondent

-Appeal dismissed

Judgment delivered on 14.3.14

32

Kakamega HC Pet. No. 6 of 2013

Justus Gesito Mugali M'mbaya

IEBC

Anami Silverse Lisamula

Daniel Lenarum (RO)

MP, Shinyalu Constituency, Vihiga County

Justice Erick Kennedy O. Ogola, Kakamega HC

-Application to expunge paragraphs from the evidence and order for scrutiny

-Application allowed partly

Ruling delivered on 21.6.13

- Application for striking out affidavits

Ruling delivered on 21.6.13

-Petition challenging election of Member of the National Assembly, Shinyalu Constituency.

-Petition dismissed

Judgment delivered on 4.10.13

- Being an application for stay of execution of the Judgment and orders of the Court of Appeal at Kisumu Civil Appeal No. 51 of 2013

dated 11th April, 2014

-Application allowed

Ruling delivered on 3.6.14 (Supreme Court)

-Appeal from the Judgement and Order of the Court of Appeal of Kenya sitting at Kisumu (Onyango Otieno,  Kiage and Murgor, JJA) delivered on 11th April, 2014 in Kisumu Civil Appeal No. 51 of 2013

-Petition of Appeal allowed

Judgment delivered on 16.7.14 (Supreme Court)

33

Kakamega HC Pet. No. 7 of 2013

Aurthur Kibira Apungu

Julius Abraham Sikalo Ochiel

IEBC

Returning Officer- Luanda Constituency

Christopher Omulele

MP, Luanda Constituency, Vihiga County

Justice Erick Kennedy O. Ogola, Kakamega HC

-Application to strike out petition.

-Application dismissed.

Ruling delivered on 20.6.13

-Application for leave to file affidavits by witnesses out of time.

-Application allowed with conditions

Ruling delivered on 20.6.13

Petition challenging election of Member of the National Assembly for Luanda Constituency.

Petition dismissed

Judgment delivered on 7.10.13

-Being an appeal from the judgment of the High Court of Kenya at Kakamega (E.K. Ogola J.) delivered on 7th October, 2013

-Appeal dismissed

Judgment delivered on 2.5.14 (Court of Appeal)

34

Kakamega HC Pet. No. 8 of 2013

Benjamin Ogunyo Andama

Benjamin Andola Andayi

Sally Chesang’ (Returning Officer)

IEBC

MP, Khwisero Constituency, Kakamega County

Justice George Matatia Abeleka Dulu, Kakamega HC

-Application to strike out and/or expunge further affidavits filed by the Petitioner.

-Application allowed

Ruling delivered on 6.6.13

-Application for leave to grant petitioner to give oral evidence in sup

port of of the supplemental petition.

-Supplemental petition struck out.

Ruling delivered on 19.6.13

-Application for issuance of warrant of arrests for the Petitioner’s witnesses.

-Application declined

Ruling delivered on 20.6.13

-Application for recount & retallying

-Application disallowed

Ruling delivered on 2.7.13

-Appeal- Application for stay of further proceedings from Ruling & Orders of the High Court of Kenya at Kakamega (Dulu J) dated 19 th & 20th June & 2nd July 2013.

-Application struck out

Ruling delivered on 7.8.13 (Court of Appeal at Kisumu)

-Application challenging the declaration of the 1st Respondent as the winner of member of parliament of the national assembly of Khwisero Constituency

-Election Petition dismissed

Judgment delivered on 29.8.13

35

Kakamega HC Pet. No. 9 of 2013

Paul Posh Abwora

IEBC

Michael Kosgei (Returning Officer)

David Aoko Were

MP, Matungu Constituency, Kakamega County

Justice Erick Kennedy O. Ogola, Kakamega HC

-Application for joining presiding officers as respondents to a petition

Where there are allegations made against them.

-Application dismissed.

Ruling delivered on 29.5.13

-Petition challenging election of Member of the National Assembly for Matungu Constituency

Petition dismissed

Judgment delivered on 7.10.13

-Appeal from the Judgment of the High Court of Kenya at Kakamega(Eric Ogola, J) dated 7th October, 2013

-Appeal dismissed

Judgment delivered on 2.5.14 (Court of Appeal)

36

Kakamega HC Pet. No. 10 of 2013

Moses Saisi

IEBC

Returning Officer Likuyani Constituency

Enock Kibunguchi

MP, Likuyani Constituency, Kakamega County

Justice George Matatia Abeleka Dulu, Kakamega HC

-Application for dismissal of the petition for failure to effect service & deposit security for costs.

-Petition dismissed

Ruling delivered on 13.6.13

KERICHO

SENATOR

37

Kericho HC Pet. No. 1

Nicholas Kiptoo Arap Korir Salat

IEBC

Wilfred Rotich Lesan

Robert Siolei, Returning Officer

Kennedy Onchayo

Wilfred Wainaina

Patrick Wanyama

Mark Manko

Abdi Kadir Sheikh

Senator, Bomet County

Justice Aggrey Muchelule will shortly be gazetted, Kericho HC

-Application for cross-examining petitioners witnesses

-Application declined

Ruling delivered on 8.7.13

-Application for scrutiny & Recount

-Application dismissed

Ruling delivered on 10.7.13

-Petition challenging Senatorial election for Bomet County

Petition dismissed

Judgment delivered on 19.8.13

-Appeal - Application by the Respondents to strike out the appeal filed against the of the Judgment and Orders at Kericho Law Courts (Muchelule, J.) delivered on 19th August, 2013

-Application dismissed

Ruling delivered on 22.11.13 (Court of Appeal)

-An Application pursuant to Rule 23, 33(1) and 53 of the Supreme Court Rules 2012)- Extension of time to appeal

-Application allowed

Ruling delivered on 4.7.14 (Supreme Court)

KISII

GOVERNOR

38

Kisii HC Pet. No. 3 of 2013

Edward Akong’o Oyugi

IEBC

Jairus Obaga

Zachariah Okoth Obado

Governor, Migori County

Justice Esther Nyambura Maina, Homa Bay HC

-Application for objection to call a witness

-Application allowed

Ruling delivered on 11.6.13

-Directions on scrutiny

Ruling delivered on 13.6.13

-Petition challenging election of Gevernor for Migori County.

-Petition dismissed

Judgment delivered on 5.9.13

-An appeal to strike out the Supplementary Record of Appeal, the Further Supplementary Record of Appeal and/or set aside orders issued by the Deputy Registrar, Court of Appeal

-Application dismissed

Ruling delivered on 7.2.14 (Court of Appeal)

- An application for stay of execution of the Judgment and order of the Court of Appeal of Kenya at Kisumu, in Civil Appeal No. 39 of 2013 dated March 28, 2014

-Application allowed

Ruling delivered on 23.4.14 (Supreme Court)

-Being an Appeal against the Judgment and Order of the Court of Appeal sitting at Kisumu in Civil Appeal No. 39 of 2013 (Onyango Otieno, Ouko & Ole Kantai, JJA) dated March 28, 2014

-Petition of Appeal allowed

Judgment delivered on 17.7.14 (Supreme Court)

       

SENATOR

39

Kisii HC Pet. No. 9 of 2013

Charles Oigara Mogere

Christopher Mogere Obure

Nyangau Shem obworo

Senator, Kisii County

Lady Justice Ruth Sitati, Kisii HC

-Application for scrutiny

Apllication dismissed

Ruling delivered on 11.6.13

-Petition challenging Senatorial election for Kisii County

Petition dismissed

Judgment delivered on 16.9.13

Member of Parliament

40

Kisii HC Pet. No. 2 of 2013

John Oroo Oyioka

IEBC

Peter Resa

Zebedeo John Opore

MP, Bonchari Constituency, Kisii County.

Lady Justice Ruth Sitati, Kisii HC

-Application whether the evidence of a witness who sits in court when other witnesses are testifying should be rejected.

-Application dismissed

Ruling delivered on 25.6.13

-Application for scrutiny and recount of the votes cast in Bonchari Constituency.

-Application for recount allowed

Ruling delivered on 2.7.13

-Petition challenging the election of member of national assembly for Bonchari Constituency

-Petition allowed, 3rd Respondent was validly elected as the member of national assembly for Bonchari Constituency, Kisii County.

Judgment delivered on 20.9.13

41

Kisii HC Pet. No. 4 of 2013

Nyabaro Onditi

Zebedeo Opore

Peter Resa

IEBC

MP, Bonchari Constituency, Kisii County.

Lady Justice Ruth Sitati, Kisii HC

-Application whether the evidence of a witness who sits in court when other witnesses are testifying should be rejected.

-Application dismissed

Ruling delivered on 25.6.13

-Application for scrutiny and recount of the votes cast in Bonchari Constituency.

-Application for recount allowed

Ruling delivered on 2.7.13

-Petition challenging the election of member of national assembly for Bonchari Constituency

-Petition allowed, 3rd Respondent was validly elected as the member of national assembly for Bonchari Constituency, Kisii County.

Judgment delivered on 20.9.13

42

Kisii HC Pet. No. 5 of 2013

Richard Nyagaka Tong’i

IEBC

Robert Ng’eny

Chris Munga Nyamaratandi Bichange

MP, Nyaribari Chache Constituency, Kisii County

Justice Edward Muriithi, Kisii HC

-Application for striking out paragraphs of the petition

-Some paragraphs struck out & expunged from the record

Ruling delivered on 27.6.13

-Petition challenging election of Member of the National Assembly for Nyaribari Chache Constituency

Petition allowed, 3rd Respondent was not validly elected

Judgment delivered on 7.10.13

-Application for stay of execution Pending Appeal from the Judgmentand Order of the High Court of Kenya at Kisii (Murithi,J) dated 7th October, 2013

-Application allowed

Ruling delivered on 22.11.13 (Court of Appeal)

43

Kisii HC Pet. No. 7 of 2013

Eng. Peter Kimora Maranga

Joel Omwaga Onyancha

Gilbert Serem

IEBC

MP, Bomachoge Borabu Constituency, Kisii County.

Justice Edward Muriithi, Kisii HC

-Application whether affidavits not commissioned by a commissioner of oaths are valid.
-Application whether petition unsupported by an affidavit or supported by invalids is competent
Ruling delivered on 19.6.13

-Petition challenging & seeking nullification of election for Bomachage Borabu Constituency

Petition allowed, 1st Respondent was not validly elected

Judgment delivered on 7.10.13

44

Kisii HC Pet. No. 8 of 2013

Paul Gitenyi Mochorwa

Timothy Moseti Bosire

Fredrick Hezekiah Owino Odenge

IEBC

MP, Kitutu Masaba Constituency, Nyamira County.

Justice Edward Muriithi, Kisii HC

-Petition challenging election of Member of the National Assembly for Kitutu Masaba Constituency

-Petition dismissed

Judgment delivered on 30.9.13

-Appeal from the Judgment of the election court (High Court of Kenya at Kisii) Hon. Muriithi J. dated 30th September, 2013

-Appeal dismissed

Judgment delivered on 14.3.14 (Court of Appeal)

45

Kisii HC Pet. No. 11 of 2013

Odalo Makojwando Abuor

Dalmas Otieno Anyango

Returning Officer Rongo Constituency

IEBC

MP, Rongo Constituency, Migori County.

Justice Esther Nyambura Maina, Homa Bay HC

-Directions on application for recount and scrutiny.

Ruling delivered on 20.6.13

-Petition challenging election of Member of the National Assembly for Rongo Constituency, Migori County

-Petition dismissed.

Judgment delivered on 10.9.13

WOMEN REPRESENTATIVE

46

Kisii HC Pet. No. 6 of 2013

Fatuma Zainab Mohammed

Ghati Dennitah

IEBC

Benson Njau (Kuria East Returning Officer)

Lilina Liluma (Returning Officer Awendo Constituency)

Moses Omondo Daula (Returning Officer Nyatike Constituency)

Jakton Nyonje (Returning Officer Oriri Constituency)

Noah Bowen (Rongo Constituency)

Alex Uyuga (Returning officer Suna East Constituency)

Jairus Obago (Returning Officer Migori County)

Adam Mohamed (Returning officer Kuria West Constituency)

Women Representative, Migori County

Justice Edward Muriithi, Kisii HC

-Application for leave to deposit security costs.

-Application allowed.

Ruling delivered on 21.5.13

-Application challenging constitutionality of section 76(1)(a) of the Election Act.

-Court decision on preliminary objection deffered to 26.7.13

Ruling delivered on 9.7.13

-Petition challenging election of Migori County Women Representative.

-Petition dismissed

Judgment delivered on 7.10.13

47

Kisii HC Pet. No. 10 of 2013

Ezekiel Okondo, Ochieku

IEBC

Shem Nyangau

Mary Sally Kera Alias Mary Sally Otara

Women Representative, Kisii County

Lady Justice Ruth Sitati, Kisii HC

-Application for leave to withdraw a petition & substitution of a party

-Application allowed

Ruling delivered on 11.6.13

Application for withdrawal. (Gazette Notice No. 6714)

-Application for striking out petition

-Petition struck out

Ruling delivered on 31.7.13

KISUMU

GOVERNOR

48

Kisumu HC Pet. No. 2 of 2013

William Oduol

Cornel Rasanga

IEBC

Safaricom Limited

Governor, Kisumu County

Justice Aggrey O. Muchelule, Kisumu HC

-Application for admissibility of video evidence

-Video evidence not admissible

Ruling delivered on 5.6.13

-Application for scrutiny & recount

-Application for recount allowed

Ruling delivered on 3.7.13

-Application for recount of votes in all polling stations in 3 constituencies.

-Application dismissed

Ruling delivered on 22.7.13

-Application from an order of the High Court of Kenya at Kisumu (Muchelule J) dated 22.7.13

-Preliminary objection struck out

Ruling delivered on 23.9.13 (Court of Appeal at Kisumu)

-Application for nullification of gubernatorial elections for Siaya County.

-Application allowed – 3rd Respondent was not validly elected as the Governor for Siaya County.

Judgment delivered on 23.8.13

Member of Parliament

49

Kisumu HC Pet. No. 1 of 2013

Jared Odoyo Okelo

IEBC

R.O Nyando Constituency

ODM Party

Fredrick Otieno Outa

MP, Nyando Constituency, Kisumu County

Justice Aggrey O. Muchelule, Kisumu HC

-Application for recount & scrutiny

-Application dismissed

Ruling delivered on 14.6.13

-Appeal from the ruling and order of the High Court of Kenya at Kisumu (Muchelule, J) dated 14th June, 2013

- Preliminary objection upheld, appeals struck out Judgment delivered on 27.9.13

-Petition challenging election of Member of the National Asembly for Nyando Constituency

-Petition dismissed

Judgment delivered on 30.9.13

-An application for stay of execution of the whole judgment/orders of the Court of Appeal sitting at Kisumu dated 28th March 2014

-Application allowed

Ruling delivered on 6.5.14 (Supreme Court)

-Being an Appeal from the Judgment and Order of the Court of Appeal sitting in Kisumu (Waki, Maraga & Ole Kantai JJA), delivered on 28th March, 2014 in Kisumu Civil Appeal No. 46 of 2013)      

- Appeal is allowed, and the determination by the Court of Appeal nullifying the election of Appellant, set aside.

Judgement delivered on 3.7.14 (Supreme Court)

50

Kisumu HC Pet. No. 2 of 2013

Rozaah Akinyi Buyu

IEBC

John Olago Aluoch

Returning officer

MP, Kisumu West Constituency, Kisumu County.

Justice Hillary Kiplagat Chemitei, Kisumu HC

-Petition challenging election of Member of the National Assembly for Kisumu West Constituency.

-Petition dismissed

Judgment delivered on 4.9.13

-Appeal from a Judgment and Orders of the High Court of Kenya at Kisumu (Chemitei, J) dated 4th September 2013

-Appeal dismissed

Judgment delivered on 21.2.14 (Court of Appeal)

51

Kisumu HC Pet. No. 3 of 2013

Ernest Ogesi Kivai

Yusuf Kifuma Chanzu,

IEBC

Godfrey Engor (Returning Officer)

MP, Vihiga Constituency, Vihiga County.

Justice Hillary Kiplagat Chemitei, Kisumu HC

-Application for scrutiny, recount & nullification of parliamentary elections for Vihiga Constituency.

-Petition dismissed

Judgment delivered on 3.9.13

KITALE

GOVERNOR

52

Kitale HC Pet. No. 6 of 2013

Dr. Noah Mahalanganga Wekesa

Patrick Simiyu Khaemba

IEBC

The Returning Officer Trans Nzoia County

Governor, Trans Nzoia County

Justice Joseph R. Karanja, Kitale HC

-Application for leave be granted an extension of time to deposit further security of costs.

-Application allowed on conditions

Ruling delivered on 6.6.13

-Petition challenging Gubernatorial election for Trans Nzoia County

-Petition dismissed

Judgment delivered on 5.9.13

SENATOR

53

Kitale HC Pet. No. 3 of 2013

Ambassador Orie Rogo Manduli

Catherine Mukite Nabwola

IEBC

Forum for the Restoration of Democracy Kenya

The Clerk to Senate

Senator, Kitale County

Lady Justice Abigail Mshila, Kitale HC

-Application challenging the jurisdiction of the court to hear & determine petition

-Petition incompetent

-Petition struck out

Ruling delivered on 19.6.13

Member of Parliament

54

Kitale HC Pet. No. 5 of 2013

John Lokitare Lodinyo

Mark Lomunokol

IEBC

Nobert K. Kemei

MP, Kacheliba Constituency, West Pokot County

Justice Joseph R. Karanja, Kitale HC

-Application to deposit further security for costs

-Application allowed.

Ruling delivered on 22.5.13

-Application for striking out petition

-Application allowed

Judgment delivered on 16.7.13

55

Kitale HC Pet. No. 7 of 2013

Asman Omari Wafula a.k.a Wafula O. A. Mutacho

David Wafula Wekesa

IEBC

Ibrahim Farah, the Returning Officer

MP, Saboti Constituency, Trans Nzoia County

Justice Joseph R. Karanja, Kitale HC

-Application for recount & retallying in all polling stations

-Recount deffered

Ruling delivered on 16.7.13

-Petition challenging election of Member of the National Assembly for Saboti Constituency

-Petition dismissed

Judgment delivered on 3. 10.13

56

Kitale HC Pet. No. 8 of 2013

James Kuya Ebei

IEBC

Daniel Nanok Epuyo

Kirori Kimani

MP Turkana West Constituency, Turkana County

Lady Justice Abigail Mshila, Kitale HC

-Application for dismissal of petition for non payment of security costs

& non – service.

-Application allowed.

-Petition dismissed

Ruling delivered on 11.6.13

57

Kitale HC Pet. No. 9 of 2013

Jonas Misto Vincent Kuko

David Wafula Wekesa

IEBC

Farah Abdi Ibrahim

MP Saboti Constituency, Trans Nzoia County

Lady Justice Abigail Mshila, Kitale HC

-Application for extension of time to deposit security for costs.

-Application allowed on conditions.

Ruling delivered on 13.6.13

Application for recount & retallying in all polling stations

-Recount deffered

Ruling delivered on 16.7.13

-Petition challenging election of Member of the National Assembly for Saboti Constituency

-Petition dismissed

Judgment delivered on 3. 10.13

58

Kitale HC Pet. No. 10 of 2013

Joshua Mutoto Werunga

Robert Pukose, IEBC

Joyce Namunyak

The Returning Officer

MP, Endebess Constituency, Trans Nzoia County

Justice Joseph R. Karanja, Kitale HC

-Application for leave be granted an extension of time to deposit further security for costs.

-Application allowed on conditions.

Ruling delivered on 4.6.13

-Application for jurisdiction of the Court & to strike out Petition.

-Petition invalid & incompetent for lack of necessary jurisdiction

Petition struck out

Ruling delivered on 23.7.13

59

Kitale HC Pet. No. 11 of 2013

Charles Maywa Chedotum

Philemon Chepkwony Lotudo

Samuel Moroto Chumel

IEBC

Paul Chemuttut

Returning Officer

MP, Kapenguria Constituency, West Pokot County

Justice Joseph R. Karanja, Kitale HC

-Application for scrutiny & recount of the ballot papers used in National assembly elections and County ward representatives, Kapenguria Constituency.

-Whether a Petition filed by more than one Petitioner imposes upon each obligation to separately deposit security of costs.

- Application dismissed

Ruling delivered on 4.6.13

-Application for striking out petition

-Application allowed

Judgment delivered on 31.7.13

WOMEN REPRESENTATIVE

60

Kitale HC Pet. No. 12 of 2013

Eunise Wanjiru Kamau Karanja

IEBC

Janet Wangabo Wanyama

Returning Officer, Trans Nzoia County

Women Representative, Trans Nzioa County

Lady Justice Abigail Mshila, Kitale HC

-Application for striking out petition

-Petition struck out

Ruling delivered on 27.6.13

MACHAKOS

GOVERNOR

61

Machakos HC Pet. No. 4 of 2013

Wavinya Ndeti

Alfred Mutua

IEBC

Mutua Katiku

Machakos Returning Officer

Governor, Machakos County

Justice David A.S. Majanja, Machakos HC

-Application for striking out Petition in regard to rule 10 (1)(c) of Elections (Parliamentary and County Elections) Petition Rules 2013.

-Application dismissed.

Ruling delivered on 28.5.13

-Application for leave to tender additional evidence in form of additional witness affidavits.

-Application allowed.

Ruling delivered on 10.6.13

-Application for scrutiny

Application dismissed

Ruling delivered on 2.7.13

-Application for leave to appeal against the ruling & order of the election court on 2.7.13

-Application allowed.

Ruling delivered on 9.7.13

-Petition challenging election of the Machakos County Governor

-Petition dismissed

Judgment delivered on 17.9.13

-Being an appeal against the entire judgment, decree and order of the High Court of Kenya at Machakos (Hon. Mr. Justice David S. Majanja) delivered on 17th September, 2014

-Appeal & Cross-appeal struck out

Judgment delivered on 9.4.14 (Court of Appeal)

SENATOR

62

Machakos HC Pet. No. 6 of 2013

John Harun Mwau

Mutula Kilonzo

IEBC

Kitonyi Joseph Kamandi

Senator, Makueni County

Justice Lillian Nabwire Mutende, Machakos HC

Notice of the death of the 1stRespondent (Gazette Notice No. 7448)

Nominations scheduled on 26-27th June 2013.By-elections on 22nd July if contested.(Gazette Notice No. 7082)

-Application pursuant toArticle 101,103 & 105 of the Constitution,

Section 3A of the Civil Procedure Act,Section 80(3) of the Elections Act, Rule 29 of Election(Parliamentary & County) Petition Rules 2013.

Ruling delivered on 29.5.13

-Application for leave to withdraw the Election Petition.

-Leave granted.

-Petition withdrawn

Ruling delivered on 24.6.13

Member of Parliament

63

Machakos HC Pet. No. 1 of 2013

Richard Kalembe Ndile

IEBC

Partick Musimba Mweu

Returning Officer Kibwezi West Constituency

IEBC

MP, Kibwezi West Constituency, Makueni County

Justice David A.S. Majanja, Machakos HC

-Application for striking out Petition in regard with rule 10(1) (c) of Elections (Parliamentary and County Elections) Petition Rules 2013.

-Application dismissed.

Ruling delivered on 28.5.13

-Application for preservatory orders to secure the ballot boxes.

-Application declined.

Ruling delivered on 5.6.13

-Application for an order to recount, re-tally and scrutiny of votes cast

-Application allowed

Ruling delivered on 11.06.13

-Application for recount & scrutiny of vote cast

-Application allowed

Ruling delivered on 17.6.13

-Application seeking re-opening of scrutiny process which has been completed.

Application allowed

Ruling delivered on 2.7.13

-Declaration that 1st Respondent was not validly elected as the Member of Parliament of National Assembly for the Kibwezi West Constituency

Judgment delivered on 15.8.13

- An application for stay of execution of the Judgment of the High Court of Kenya at Nairobi by (Majanja, J.) dated 15th August, 2013

-Application dismissed

Ruling delivered on 4.10.13 (Court of Appeal)

64

Machakos HC Pet. No. 2 of 2013

Thomas Malinda Musau

Stephen Mutinda Mule

IEBC

Leonard Okemwa

The Returning Officer

MP, Matungulu Constituency, Machakos County

Justice Lillian Nabwire Mutende, Machakos HC

-Directions at Pre-Trial Chamber dated 2.5.13

-Joint affidavit deponed by Petitioners struck out.

-Application for leave to file a complaint affidavit granted.

-Petitioners at liberty to call witnesses to give viva voce evidence.

Ruling delivered on 15.5.13

-Application to be furnished with the polling day diary

-Application dismissed

Ruling delivered on 27.5.13

-Application challenging election process & the declaration of the results.

-Election process nullified

Ruling delivered on 30.7.13

-Appeal from the judgment and decree of the High Court of Kenya at Machakos (Mutende, J.) dated 30th July, 2013

Appeal allowed

Judgment delivered on 31.1.14 (Court of Appeal)

65

Machakos HC Pet. No. 7 of 2013

Caroline Mwelu Mwandika

Patrick Mweu Musimba

IEBC

Gedi Arale Noor

MP, Kibwezi West Constituency, Machakos County

Justice David A.S. Majanja, Machakos HC

-Application for striking out Petition.

-Application contravining Rule 10 (1) (c) of the Elections (Parliamentary and County Elections) Petition Rules 2013.

-Application dismissed

Ruling delivered on 28.5.13

-Application for recount & scrutiny of votes csat

-Application allowed

Ruling delivered on 17.6.13

-Declaration that 1st Respondent was not validly elected as the Member of Parliament of National Assembly for the Kibwezi West Constituency

Judgment delivered on 15.8.13

- An application for stay of execution of the Judgment of the High Court of Kenya at Nairobi by (Majanja, J.) dated 15th August, 2013

-Application dismissed.

Ruling delivered on 4.10.13 (Court of Appeal)

66

Machakos HC Pet. No. 8 of 2013

Patrick Ngeta Kimanzi

Marcus Mutua Muluvi,

IEBC

Alice Kimani, The Returning Officer

MP, Kitui East Constituency, Kitui County

Justice David A.S. Majanja, Machakos HC

-Application for extension of time for depositing security for costs.

-Jurisdiction of the Court.

Court – Sect 78(3) of the act permits the Court to extend time for furnishing security for costs.

-Petitioner to show cause why the Petition should not be dismissed for failure to deposit security within the time limited by section 78(1) of the Elections Act 2011.

Ruling delivered on 28.5.13

-Application to struck out petition

-Petition struck out

Ruling delivered on 17.6.13

-Being an appeal from the ruling and order of the election Court (High Court at Machakos)(D. Majanja, J.)

delivered on 17th June 2013

-Appeal struck out

Ruling delivered on 21.2.14 (Court of Appeal)

67

Machakos HC Pet. No. 9 of 2013

Wilson Mbithi Munguti,

Philip Mutua

Stephen Muthoka,

John Kalata Malii,

Joseph Mutuku Musau,

Solomon Kimuyu Kilonzo,

Patrick Makau King’ola

IEBC

MP, Mavoko Constituency, Machakos County

Justice Lillian Nabwire Mutende, Machakos HC

-Requirement of a plaintiff swearing affidivat on behalf of Co-plaintiffs procuring a written authority.

-Preliminary Objection dismissed

Ruling delivered on 23.5.13

-Application for striking out petition for failure to enjoin the Returning Officer to the Petition as a Respondent.

-Application dismissed

Ruling delivered on 5.6.13

-Petition challenging election of Member of the National Assembly fot Mavoko Constituency.

Petition dismissed

Judgment delivered on 18.7.13

MALINDI

GOVERNOR

68

Malindi HC Pet. No. 1 of 2013

Lenno Mwambura Mbaga

IEBC

Hon. Amason Kingi Jeffa

Governor, Kilifi County

Justice Christine W. Meoli, Malindi HC

-Application challenging the election of the Interested party / 1st Repondent as the winner of the eletions of Governor, Kilifi County

-Petition dismissed

Judgment delivered on 28.8.13

69

Malindi HC Pet. No. 2 of 2013

Dobson Chiro Mwahunga

IEBC

Amason Kingi Jeffa

Governor, Kilifi County

Justice Christine W. Meoli, Malindi HC

Ruling on directions

Ruling delivered on 4,4.13

-Application for copies of results, forms 35 & 36, principal registers for votes, priciopal registers(poll register) & list of presiding & deputy officers

-Petition struck out

Ruling delivered on 31.5.13

70

Malindi HC Pet. No. 3 of 2013

Francis Bayah

IEBC

Amason Kingi Jeffa

Governor, Kilifi County

Justice Christine W. Meoli, Malindi HC

-Application challenging the election of the Interested party / 1st Repondent as the winner of the eletions of Governor, Kilifi County

-Petition dismissed

Judgment delivered on 28.8.13

71

Malindi HC Pet. No. 4 of 2013

Swaleh Salim Swaleh Imu

IEBC

Bonaya Silvanio

Issa Timamy

Governor, Lamu County

Justice Florence N. Muchemi, Malindi HC

- Petition challenging Gubertorial election for Lamu County

-Petition dismissed

Judgment delivered 25.9.13

-An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Malindi (Muchemi, J.) dated 25th September, 2013 in Election Petition No.4 of 2013 Consolidated with Election Petition No. 5 of 2013

-Appeal allowed

Judgment delivered on 13.1.14 (Court of Appeal)

72

Malindi HC Pet. No. 5 of 2013

Fahim Yasin Twaha

Silvano Buko Bonaya,

IEBC

Hon.Timamy Issa Abdalla

Governor, Lamu County

Justice Florence N. Muchemi, Malindi HC

- Petition challenging Gubertorial election for Lamu County

-Petition allowed, election nullified fresh election ordered

Judgment delivered 25.9.13

Court of Appeal decision not received yet*

-An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Malindi (Muchemi, J.) date 25th September, 2013 in Election Petition No. 4 of 2013 Consolidated with Election Petition No. 5 of 2013

-Appeal allowed

Judgment delivered on 13.1.14 (Court of Appeal)

73

Malindi HC Pet. No. 16 of 2013

Dobson Chiro Mwahunga

Kilifi County Returning Officer

Amason Kingi Jefwa

IEBC

Governor, Kilifi County

Justice Christine W. Meoli, Malindi HC

- Ruling on directions

Ruling delivered on 4,4.13

-Application for copies of results, forms 35 & 36, principal registers for votes, priciopal registers(poll register) & list of presiding & deputy officers

-Petition struck out

Ruling delivered on 31.5.13

SENATOR

74

Malindi HC Pet. No. 9 of 2013

Hassan Abdalla Albeity

Abu Chiaba

IEBC

Senator, Lamu County

Justice Cecilia Wathaiya Githua, Malindi HC

-Application for scrutiny, recount & retallying of vote cast

-Application dismissed

Ruling delivered on 20.6.13

-Application for production of original copies of forms 35 & 36

-Application dismissed

Ruling delivered on 25.7.13

-Petition challenging Senatorial election for Lamu County

-Petition dismissed

Judgment delivered on 26.9.13

75

Malindi HC Pet. No. 13 of 2013

Kumbatha Naomi Cidi

The County Returning Officer Kilifi

Secretary IEBC

Stewart Madzayo.

Senator, Kilifi County

Justice Florence N. Muchemi, Malindi HC

-Application for dismissal for non-service and failure to deposit security costs.

Petition struck out

Ruling delivered on 21.5.13

76

Malindi HC Pet. No. 15 of 2013

Mohamed O. Maro.

Ali Abdi Bule

IEBC

The County Returning Officer Tana River

Senator, Tana River County

Justice Cecilia Wathaiya Githua, Malindi HC

-Application for striking out petition for non service & failure to deposit

security for costs within the time.

-Petition dismissed/struck out

Ruling delivered on 29.5.13

Member of Parliament

77

Malindi HC Pet. No. 6 of 2013

Rishad Hamid

Ahmed Amana

Julius Ndegwa Kariuki

IEBC

Stephen Kitsao Karani

MP, Lamu West Constituency, Lamu County.

Justice Luka Kiprotich Kimaru, Malindi HC

-Application for scrutiny, recount and retallying of votes

-Application allowed

Ruling delivered on 12.6.13

-Application for striking out petition

-Application dismissed

Ruling delivered on 24.7.13

- Petition challenging election of Member of the National Assembly, Lamu West Constituency

-Petition dismissed

Judgment delivered on 24.7.13

78

Malindi HC Pet. No. 8 of 2013

Sarah Mwangudza Kai

Mustafa Iddi Salim

IEBC

Aisha Abubakar

MP, Kilifi South Constituency, Kilifi County.

Justice Cecilia Wathaiya Githua, Malindi HC

-Application for striking out petition for service out of time & being

filed by incompetent person.

-Application dismissed.

Ruling delivered on 12.6.13

-Petition challenging election of Member of the nationa Assembly for Kilifi South Constituency

Petition dismissed

Judgment delivered on 12.9.13

79

Malindi HC Pet. No. 10 of 2013

Samuel Kambi Kazungu

Chea Mwinga Gunga

IEBC

MP, Kaloleni Constituency, Kilifi County.

Justice Luka Kiprotich Kimaru, Malindi HC

-Application for substitution of a petitioner

-Application declined

Ruling delivered on 3.7.13 (Received scanned & pdf document can’t be converted

-Application for withdrawal of a petition

-Application allowed

Ruling delivered on 3.7.13

80

Malindi HC Pet. No. 12 of 2013

Aboud Ali

Adhan Nuri Berhe

IEBC

MP, Lamu East Constituency, Lamu County.

Justice Luka Kiprotich Kimaru, Malindi HC

-Application to struck out Petition.

-Application allowed.

Ruling delivered on 29.5.13

(Appeal pending in the Court of Appeal)

81

Malindi HC Pet. No. 14 of 2013

Benson Karisa Ngirani Maneno

Jacob Machekele

Peter Safari Shehe

IEBC

MP, Ganze Constituency, Kilifi County.

Justice Luka Kiprotich Kimaru, Malindi HC

-Petition cchallenging election of Member of the National assembly for Ganze Constituency.

-Petition dismissed

Judgment delivered on 22.8.13

WOMEN REPRESENTATIVE

82

Malindi HC Pet. No. 7 of 2013

Bwana Mohamed Bwana

Silvano Buko Bonaya

Shakila Abdalla Mohamed

IEBC

Women Representative, Lamu County

Justice Florence N. Muchemi, Malindi HC

-Application for leave to file further affidavits.

Application allowed.

Ruling delivered on 21.5.13

-Application for service of response to Petition.

Application allowed

Ruling delivered on 23.5.13

- Petition challenging election of Women Representative, Lamu County.

-Petition dismissed

Judgment delivered on 23.9.13

-An appeal from the ruling of the Court of Appeal at Malindi dated 8th April, 2014 in the Election Petition Appeal No. 40 of 2013)

-Application to certify an application as urgent and for service to be dispensed with in the first instance.

-Application dismissed.

Ruling delivered on 28.5.14 (Supreme Court)

83

Malindi HC Pet. No. 11 of 2013

Anastasia Wanjiru Mwangi

Shakila Abdalla Mohamed

IEBC

Women Representative, Lamu County

Justice Florence N. Muchemi, Malindi HC

-Petition challenging election of Women Representative Lamu County.

Petition struck out

Ruling delivered on 18.6.13.

MERU

GOVERNOR

84

Meru HC Pet. No. 1 of 2013

Dickson Mwenda Kithinji

Peter Munya

IEBC

Fredrick Njeru Kamundi

Governor, Meru County

Justice James Aaron Makau, Meru HC

-Application for extention of time for service and filing of affidavits.

-Application dismissed

Ruling delivered on 3.5.13

Application for recount & scrutiny

-Application allowed to specific documents

Ruling delivered on 2.8.13

-Petition challenging Gubernatorial election for Meru County

-Petition dismissed

Judgment delivered on 23.9.13

Being an Appeal from the Judgment and Decree of the High Court of Kenya at Meru (Makau, J.) delivered on 23rd September 2013

-Appeal allowed

Judgment delivered on 12.3.14 (Court of Appeal)

-Application for stay of execution of the judgment and order of the Court of Appeal at Nyeri in Civil Appeal No. 38 of 2013 pending the hearing and determination of an appeal against the said judgment

-Application allowed

Ruling delivered on 2.4.14 (Supreme Court)

-Appeal from the Judgment and Orders of the Court of Appeal sitting at Nyeri (Visram, Mohammed & Otieno-Odek JJ.A) delivered on 12th March, 2014 in Nyeri Civil Appeal No. 38 of 2013

-Petition of Appeal allowed.

Judgment delivered on 30.5.14 (Supreme Court)

85

Meru HC Pet. No. 2 of 2013

Ismail Suleiman and 9 Others

IEBC

Godana Adhi Doyo

Dominziano Laikuru Maingi

Governor, Isiolo County

Justice James Aaron Makau, Meru HC

-Petition challenging the elections of Governor for Isiolo County

-Petition dismissed

Judgment delivered on 7.8.13

SENATOR

86

Meru Election Pet. No. 3 Of 2013

Ismail Suleiman and 9 Others

Mohammed Kuti

Returning Officer, Isiolo

IEBC

Senator, Isiolo County

Justice James Aaron Makau, Meru HC

-Application for striking out Petition

-Petition struck out

Ruling delivered on 14.6.13

MOMBASA

GOVERNOR

87

Mombasa HC Pet. No. 2 of 2013

Jacinta Wanjala Mwatela

Returning Officer- Taita Taveta

Secretary, IEBC

IEBC

Johnson Mtuta Mruttu

Interested Parties- Elijah Mwandoe, Mwanyengela Ngali, Sophie Kibai, Wisdom Mwamburi

Governor, Taveta County

Justice Maureen Odero, Mombasa HC

-Application for extension of time to file witness affidavits

-Application allowed.

Ruling delivered on 20.6.13

-Application for striking out petition

-Application dismissed

Ruling delivered on 22.8.13

-Application for striking out the affidavits of the 4 witnesses

-Application dismissed

Ruling delivered on 28.8.13

- Petition challenging Gubernatorial election for Taita Taveta County

-Petition dismissed

Judgment delivered on 3.10.13

88

Mombasa HC Pet. No. 8 of 2013

Suleiman Said Shahbal

IEBC

Mwadime, Mwashigadi

Hassan Ali Joho

Hazel Ezabel Nyamoki Ogunde

Governor, Mombasa County

Justice Fredrick A. Ochieng, Mombasa HC

-Aplication for dismissing /striking out Petition.

-Constitutionality of section 76 of Elections Act

Ruling delivered on 23.5.13

-Directions on scrutiny

-Directions given on 7.6.13

-Appeal against part of the ruling & decision of the High court (Ochieng J) datede 23.5.13 in Msa HC Petition 8 of 2013.

Order delivered on 10.6.13 (Court of Appeal)

-Appeal challenging constitutionality of section 76(1) (a) of Election Act.

-Application dismissed

Judgment delivered on 25.7.13 (Court of Appeal)

- Petition challenging Gubernatorial election for Mombasa County

- Petition dismissed

Judgment delivered on 27.9.13

-Appeal from the Ruling of the Court of Appeal sitting at Malindi (Githinji, Makhandia and Sichale, JJA) which dismissed the Appellants Appeal and Allowed the 1st Respondent's Cross-Appeal dated 25th July, 2013 in Malindi, Civ. Appeal No. 12 of 2013

-Appeal allowed

Judgment delivered on 4.2.14 (Supreme Court of Kenya)

-Appeal from the judgment and decree of the High Court of Kenya at Mombasa (Ochieng, J.) dated 27th September, 2013

-Appeal struck out

Judgment delivered on 23.4.14 (Court of Appeal)

SENATOR

89

Mombasa HC Pet. No. 5 of 2013

Mwamlole Tchappu Mbwana

Boy Juma Boy

Mr. Rashid Soud (County Returning Officer- Kwale)

IEBC

Senator, Kwale County

Justice Fredrick A. Ochieng , Mombasa HC

-Application for striking out responses.

-Application dismissed

Ruling delivered on 23.5.13

-Petition challenging Senatorial election for Kwale County

-Petition dismissed

Judgment delivered on 27.9.13

An appeal from judgment and orders of the High Court of Kenya at Mombasa (Ochieng, J.) dated 27th September, 2013

-Appeal struck out

Judgment delivered on 14.2.13 (Court of Appeal)

Member of Parliament

90

Mombasa HC Pet. No. 1 of 2013

Philip Munge Ndolo

Omar Mwinyi Shimbwa

Florence Birya (Returning Officer IEBC, Changamwe)

IEBC

MP, Changamwe Constituency, Mombasa County.

Justice Maureen Odero, Mombasa HC

-Application for striking out further affidavits.

-Application allowed

Ruling delivered on 14.6.13

-Application for recount & scrutiny

-Application dismissed.

Ruling delivered on 24.7.13

-Petition challenging election of member of national assembly for changamwe constituency.

-Petition dismissed.

Judgment delivered on 24.9.13

91

Mombasa HC Pet. No. 3 of 2013

Basil Criticos

IEBC,

Isaiah Saha Madzungu

Naomi Namsi Shaban

MP, Taveta Constituency, Taveta County

Justice Fredrick A. Ochieng, Mombasa HC

-Cross-examining a witness on issues not raised in the plaint

-Objection dismissed

Ruling delivered on 26.6.13

-Petition challenging election of Member of the National assembly for Taveta Constituency

-Petition dismissed

Judgment delivered on 27.9.13

-Application for extension of time for service of the Notice of appeal filed on 30th May, 2013 arising from the ruling and order of the High Court of Kenya at Mombasa (Ochieng, J.) dated 23rd May, 2013

Ruling delivered on 22.10.13 (Sichale JA)

92

Mombasa HC Pet. No. 4 of 2013

Gideon Mwangangi Wambua

IEBC

Mr. Khatib Mwashetani

Mr Juma Musa(Returning Officer Lunga Lunga)

MP, Lunga Lunga Constituency, Kwale County

Justice George Vincent Odunga, Mombasa HC

-Constitutionality of section 76 of Elections Act

-AG directed to initiate the process of legislative amendment to the Elections Act.

Ruling delivered on 23.5.13

-Notice of motion brought under provisions of elections general regulations 2012,part 4 of the elections both parliamentary & county petition rules 2013 and sections 2,176 to 181 of cap 80 laws of Kenya

-notice of motion dismissed with costs to 2nd respondent

Ruling delivered on 30.5.2013

-Application for striking out petition & abuse of court process.

-Application dismissed

Ruling delivered on 18.6.13

-Application for scrutiny & recount

-Application dismissed

Ruling delivered on 3.9.13

-Petition challenging election of Member of the National Assembly for Lunga Lunga Constituency

-Petition allowed

Judgment delivered on 26.9.13

-An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Mombasa (Odunga J) dated 26th September, 2013 in H. C. Election Petition No. 4 of 2013 consolidated with Election Petition No. 9 of 2013)

-Appeal allowed

Judgment delivered on 23.1.14 (Court of Appeal)

-Application seeking leave to appeal to the Supreme Court

-Notice of preliminary objection up held, originating motion dismissed

Ruling delivered on 13.5.14 (Supreme Court) 

-An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in  Civil Appeal No. 39 of 2013)

-Applicant’s notice of motion succeeds, granted 14 days extension time to lodge an appeal in the Supreme Court.

Ruling delivered on 4.7.14 (Supreme Court)

93

Mombasa HC Pet. No. 6 of 2013

Nuh Nassir Abdi

Ali Wario

Francis Runyah (Returning Officer)

IEBC

MP, Bura Constituency, Tana River County

Justice George Vincent Odunga, Mombasa HC

-Application for scrutiny & recount

-Application allowed

Ruling delivered on 1.7.13

-Application for suspension of recount

-Application declined

Ruling delivered on 8.7.13

-Application for review on recount order

Application dismissed

Ruling delivered on 11.7.13

-Applicatio for striking out petition

-Application disallowed

Ruling delivered on 23.7.13

-Application for cross-examination on polling day book diary

-Application allowed

Ruling delivered on 29.7.13

-Application for supplying incomplete documents to Counsels

-Application disallowed

Ruling delivered on 30.7.13

-Petition challenging election of Member of the National Assembly Bura Constituency

-Petition dismissed

Judgment delivered on 25.9.13

94

Mombasa HC Pet. No. 7 of 2013

Said Buya Hiribae

Hassan Dukicha Abdi,

Henry Kombe (Returning Officer)

IEBC

MP, Galole Constituency, Tana River County

Justice George Vincent Odunga, Mombasa HC

-Application for dismissal for failure to deposit security.

-Petition dismissed

Ruling delivered on 22.5.13

95

Mombasa HC Pet. No. 9 of 2013

Hassan Nyanje Charo

IEBC

Juma Musa Juma

Khatib Abdallah Mwashetani

MP, Lunga Lunga Constituency, Kwale County

Justice George Vincent Odunga, Mombasa HC

-Constitutionality of section 76 of Elections Act.

-AG directed to initiate the process of legislative amendment to the Elections Act.

Ruling delivered on 23.5.13

Notice of motion brought under provisions of elections general regulations 2012,part 4 of the elections both parliamentary & county petition rules 2013 and sections 2,176 to 181 of cap 80 laws of Kenya

-notice of motion dismissed with costs to 2nd respondent

Ruling delivered on 30.5.2013

-Application for striking out petition & abuse of court process

-Application dismissed

Ruling delivered on 18.6.13

-Application for scrutiny & recount

-Application dismissed

Ruling delivered on 3.9.13

-Petition challenging election of Member of the National Assembly for Lunga Lunga Constituency

-Petition allowed

Judgment delivered on 26.9.13

-An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Mombasa (Odunga J) dated 26th September, 2013 in H. C. Election Petition No. 4 of 2013 consolidated with Election Petition No. 9 of 2013

-Appeal allowed

Judgment delivered on 23.1.14 (Court of Appeal)

-Application seeking leave to appeal to the Supreme Court

-Notice of preliminary objection up held, originating motion dismissed

Ruling delivered on 13.5.14 (Supreme Court)

-An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in  Civil Appeal No. 39 of 2013)

-An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in  Civil Appeal No. 39 of 2013

-Application allowed

Ruling delivered on 4.7.14 (Supreme Court)

96

Mombasa HC Pet. No. 10 of 2013

Seif Kajembe

Constituency Returning Officer Jomvu Constituency

Secretary IEBC

IEBC

Bady Twalib Bady

MP, Jomvu Constituency, Mombasa County

Justice George Vincent Odunga, Mombasa HC

-Application for recount & scrutiny of all ballots cast in Constituency.

-Application dismissed

Ruling delivered on 12.8.13

- Petition challenging election of Member of the National Assembly for Jomvu Constituency.

-Petition dismissed

Judgment delivered on 25.9.13

An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in  Civil Appeal No. 39 of 2013)

-Applicant’s notice of motion succeeds, granted 14 days extension time to lodge an appeal in the Supreme Court.

Ruling delivered on 4.7.14 (Supreme Court)

NAIROBI

GOVERNOR

97

Milimani HC Pet. No. 1 of 2013

Ferdinard Waititu

IEBC

Isaac Hassan

RO Nairobi County

Evans Odhiambo Kidero

Jonathan Mweke

Attorney-General

DCIO- Gigiri Ploice Division

DCIO-Kayole Police Division

Inspector-General of Police

Governor, Nairobi

Justice Richard Mwongo, Milimani HC

-Application for striking out Petition.

-Constitutionality of Section 76 of Elections Act.

-Application dismissed.

Ruling delivered on 21.3.13 by Mumbi Ngugi J

-Application for cross – examination of witnesses

-Application allowed in respect of certain catergories

Ruling delivered on 26.6.13

-Application for stay of proceedings

-Application dismissed

Ruling delivered on 27.6.13

-Application for scrutiny & recount

-Application allowed

Ruling delivered on 28.6.13

-Application for stay of proceedings & execution of the ruling & order refusing the petition the use of form 35 & 36

-Application dismissed

Ruling delivered on 24.7.13 (Court of Appeal)

-Petition challenging election of Governor & Deputy Governor for Nairobi County.

-Petition dismissed

Judgment delivered on 10.9.13

-Being an appeal from the judgment, decree and order of the High court of Kenya at Nairobi (Justice R. Mwongo)

-Appeal allowed by the majority

Judgment delivered on 13.5.14 (Court of Appeal)

98

Milimani HC Pet. No. 3 of 2013

Joseph Tiampati Ole Musuni

Ledama Olekina

Samuel Kuntai Tunai

Arusa Evalyn

Chepkirui

IEBC

Michael Cheruiyot

Samuel Chacha

Joshua Tulwo

Jackton Okubasu

Martin Malonza

Mohammed Raka

Isaac Ruto

Transitional Authority

Governor, Narok

Justice Roseline P.V. Wendo, Nakuru HC

-Application for stay of swearing in of Narok Governer. (SP)

-Application dismissed

Ruling delivered on 26.3.13 by Majanja J at Milimani HC

Application for scrutiny
-Scrutiny of forms 35 & 36 allowed in two constituencies
Ruling delivered on 26.6.13

-Application for recount & scrutiny

-Scrutiny allowed

Ruling delivered on 23.7.13

-Petition challenging Gubernatorial election for Narok County.

-Petition dismissed

Judgment delivered on 20.9.13

99

Milimani HC Pet. No. 6 of 2013

Josiah Tarayia Kipelian Ole Kores

Dr. David Ole Nkedienye

Paul Ntiati

Tom Mboya

IEBC

Governor, Kajiado County

Justice Alfred Mabeya, Milimani HC

-Application for filing of Petition timelines under Constitution and Elections Act

-Application dismissed

Ruling delivered on 17.5.13

-Petition challenging election of Governor & Deputy Governor for Kajiado County.

-Petition dismissed

Judgment delivered on 29.8.13

SENATOR

100

Milimani HC Pet. No. 13 of 2013

Lydia Mathia

Naisula Lesuuda

IEBC

Senate

Justice Edwina Rose Ougo, Milimani HC

-Application for staying election petition or granting alternative prayer to strike out/ dismiss election petition.

-Application dismissed

Ruling delivered on 21.6.13

- Petition challenging the nomination & gazettement of the 1st Respondent to Senate

-Petition dismissed

Judgment delivered on 27.9.13

-An Application for orders that the appellant does deposit security for costs in an appeal from the judgment & Decree of the High Court of Kenya at Nairobi (R. E. Ougo, J.) delivered 27th September, 2013

-Application allowed to an extent

Ruling delivered on 20.12.13 (Court of Appeal)

101

Milimani HC Pet. No. 14 of 2013

Ben Njoroge

Godliver Nanjira Omondi

IEBC

Linet Kemunto Nyakeriga

Harold Kimunge Kipchumba

Senate

Justice Edwina Rose Ougo, Milimani HC

- Petition challenging election of the 2nd & 3rd Respondents to the Senate as representatives of persons with disability

-Petition allowed

Judgment delivered on 27.9.13

-Being an appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Rose Ougo, J.) delivered in Nairobi on 27th September, 2013

-Appeal dismissed

Judgment delivered on 20.12.13 (Court of Appeal)

Member of Parliament

102

Milimani HC Pet. No. 2 of 2013

Steven Kariuki

George Mike Wanjohi

IEBC

Milliam Wanjiru Gachihi

MP, Mathare Constituency, Nairobi County

Justice George Kanyi Kimondo, Milimani HC

-Application for striking out Petition.

-Application partly succeed

Ruling delivered on 16.5.13

-Petition challenging election of Member of the National Assembly for Mathare Constituency

-Petition dismissed

Judgment delivered on 13.9.13

-Application for stay of execution of the Judgment and Orders of the Court of Appeal of Kenya at Nairobi in Civil Appeal No.272 of 2013 dated March 18th 2014

- Application for stay is allowed

Ruling delivered on 29.4.14 (Supreme Court)

-Being an Appeal from the judgement and decree of the Court of Appeal of Kenya at Nairobi in Civil Appeal No. 272 of 2013 (Maraga, Gatembu &  Mohammed JJ.A), dated 18th March, 2014

-Appellant’s appeal is disallowed, and the determination made by the Court of Appeal is upheld

Judgment delivered on 23.5.14 (Supreme Court)

103

Milimani HC Pet. No. 4 of 2013

George Aladwa Omwera

Benson Mutura Kangara,

Florence Kwamboka Mogaka

IEBC

MP, Makadara Constituency, Nairobi County

Justice Richard Mwongo, Milimani HC

-Aplication (orally) for delivery of ballot boxes.

-Application dismissed

Ruling delivered on 5.6.13

-Application for arrest of witness for admitting voting for more than once

-Application allowed

Ruling delivered on 6.6.13

- Petition challenging election of Member of the National assembly Makadara Constituency

- Petition dismissed

Judgment delivered on 27.9.13

104

Milimani HC Pet. No. 5 of 2013

Kakuta Maimai Hamisi

Peris Pesi Tobiko

IEBC

Returning Officer Kajiado East Constituency

MP, Kajiado East Constituency, Kajiado County

Justice George Kanyi Kimondo, Milimani HC

-Application for striking out replying affidavits and annextures – Dismissed

-Application for scrutiny of votes – Application stayed.

-Application for extension of time to file and serve the unpugned affidavits and response to the Petition – Allowed

Ruling delivered on 24.5.13

-Application for scrutiny

-Partial scrutiny allowed

Ruling delivered on 25.6.13

-An Appeal from the ruling & order of the High Court of Kenya at Nairobi (G. Kimondo J) delivered on 25.6.13

-Appeal struck out

Judgment delivered on 8.8.13 (Karanja, Ouko & Kiage JJA)

105

Milimani HC Pet. No. 7 of 2013

Mohamed Mahat Kuno

Abdikadir Omar Aden

IEBC

Titus Mutemi

MP, Balambala Constituency, Garissa County

Judge Nancy Kamau, Milimani HC

-Application for scrutiny of written statements, copies of registers, marked registers & polling station diaries.

-Application dismissed

Ruling delivered on 12.8.13

106

Milimani HC Pet. No. 8 of 2013

Kituo cha Sheria

John Ndirangu

IEBC

MP, Embakasi Central Constituency, Nairobi County

Justice George Kanyi Kimondo, Milimani HC

-Application for challenging nomination or qualification of Member of Paliament.

-Application struck out and dismissed

Ruling delivered on 24.5.13

107

Milimani HC Pet. No. 9 of 2013

Mary Wangari Mwangi

John Omondi Ogutu

Sylvia Maritim

IEBC

MP, Embakasi East Constituency, Nairobi County

Justice Richard M. Mwongo, Milimani HC

-Application whether the court should allow petitioners missing docum

ent reffered to as marked into the court record.

-Application allowed

Ruling delivered on 4.6.13

-Petition challenging election of Member of the National Assembly for Embakasi East Constituency.

-Petition dismissed

Judgment delivered on 8.10.13

108

Milimani HC Pet. No. 11 of 2013

Hosea Mundui Kiplagat

Sammy Komen Mwaita,

IEBC

Moses Simiyu Nyongesa (Returning Officer, Baringo Central Constituency)

MP, Baringo Central Constituency, Baringo County

Lady Justice Lydia Achode, Eldoret HC

-Application to strike out Petition

-Application dismissed.

Ruling delivered on 3.6.13

- Petition challenging election of Member of the National assembly for Baringo Central Constituency.

-Petition dismissed

Judgment delivered on 9.9.13

109

Milimani HC Pet. No. 12 of 2013

Karanja Kabage

Hon. Joseph Kiuna Kariambegu Nganga,

Fidelis Kitili Kivaya (Returning Officer Njoro Constituency)

IEBC

MP, Njoro Constituency, Nakuru County

Justice Mathew Anyara Emukule, Nakuru HC

-Application on preliminary objection

-Application dismissed

Ruling delivered on 16.7.13

-Petition challenging election of Member of the National Assembly for Njoro Constituency

-Petition dismissed.

Judgment delivered on 11.9.13

-Being an Application for Leave to file and serve out of time a Noticeof Grounds for affirming the decision for reasons other than or additional to those relied upon by the High Court of Kenya at Nakuru by Hon. Justice Anyara Amukule delivered on 11th September, 2013

-Application declined

Ruling delivered on 14.3.14 (P M Mwilu JA)

-An appeal from the judgment and decree of the High Court of Kenya at Nakuru (Anyara Emukule, J.) dated 11th September, 2013

-Appeal dismissed

Judgment delivered on 23.4.13 (Court of Appeal)

110

Nairobi H.C. Pet. No. 15 of 2013

1. Clement Kungu Waibara

2. Henry Njenga Mbote

Francis Kigo Njenga

Returning Officer Gatundu North Constituency

IEBC

Attorney General

MP, Gatundu North Constituency, Kiambu County

Justice Richard Mwongo, Milimani HC

-Application for striking out petition because it is unconstitutional.

-Petition struck out

Ruling delivered on 27.5.13

-Application for review or set aside the order made on 27.5.13.

-Application dismissed

Ruling delivered on 29.8.13

NAKURU

Member of Parliament

111

Nakuru HC Pet. No. 1 of 2013

Simon Kiprono Sang

Zakayo Cheruiyot

John Cox Lorionokou

IEBC

MP, Kuresoi South Constituency, Nakuru County

Justice Roseline P.V. Wendo, Nakuru HC

-Application for striking out petition

-Petition struck out

Ruling delivered on 8.7.13

112

Nakuru HC Pet. No. 2 of 2013

Harun Meitemei Lempaka

Lemanken Aramat

Isack Ruto

IEBC

MP, Narok East Constituency, Narok County

Justice Mathew Anyara Emukule, Nakuru HC

-Application for recount & scrutiny

-Application dismissed

Ruling delivered on 28.6.13

-Application for votes recount

-Application dismissed

Ruling delivered on 8.7.13

-Petition challenging election of Member of the National Assembly for Narok East Constituency.

Petition dismissed

Judgment delivered on 5.9.13

-Appeal from the Judgment of the High Court of Kenya at Nakuru (Emukule, J.) dated 5th September, 2013

-Appeal allowed

Judgment delivered on 28.3.14 (Court of Appeal)

-Application for stay of execution of the judgment of the Court of Appeal sitting at Nairobi (Waki, Musinga & Gatembu, JJA) dated 28th March, 2014 in Nairobi Civil Appeal No. 276 of 2013)

-Application allowed

Ruling delivered on 14.5.14 (Supreme Court)

-An appeal from the Judgment of the Court of Appeal sitting at Nairobi (Waki, Musinga & Gatembu, JJA.) dated 28th March, 2014 in Nairobi Civil Appeal No. 276 of 2013)

-Appeal allowed, the appellate Court’s Judgment of 28th March, 2014 is annulled.

Judgment delivered on 6.8.14 (Supreme Court)

NYERI

GOVERNOR

113

Nyeri HC Pet. No. 1 of 2013

Dr. Thuo Mathenge

Nderitu Gachagua

IEBC

Governor, Nyeri County

Justice James Wakiaga, Nyeri HC

-Application for Court’s jurisdiction to hear Petition on ungazetted elections results.

-File referred back to Hon Chief Justice for directions.

Ruling delivered on 26.3.13

-Application for striking out petition.

-Application dismissed.

Ruling delivered on 10.6.13

-Appeal- An appeal from the ruling & order of the Highcourt of Kenya at Nyeri (wakiaga J) dated 10.6.13

-Cross appeal allowed & appeal dismissed

Judgment delivered on 20.8.13

-Petition challenging election of Governor for Nyeri County

-Petition dismissed

Judgment delivered on 9.9.13

-An appeal from the Judgment and Decree of the High Court of Kenya at Nyeri (Wakiaga, J.) dated 9th September, 2013

-Appeal dismissed

-Judgment delivered on 4.12.13 (Court of Appeal)

114

Nyeri HC Pet. No. 2 of 2013

Michael Mwangi Kibicho

Nderitu James Gachagua

Returning Officer, Nyeri County

IEBC

Governor, Nyeri County

Justice James Wakiaga, Nyeri HC

-Petition challenging election of Governor for Nyeri County

-Petition dismissed

Judgment delivered on 9.9.13

-An appeal from the Judgment and Decree of the High Court of Kenya at Nyeri (Wakiaga, J.) dated 9th September, 2013

-Appeal dismissed

-Judgment delivered on 4.12.13 (Court of Appeal)

Member of Parliament

115

Nyeri HC Pet. No. 3 of 2013

Peter Gichuki

Mary Wambui Munene

IEBC

MP, Othaya Constituency, Nyeri County.

Justice Jairus Ngaah, Nyeri HC

-Application for scrutiny, recount &

exhibits.

-Application partly allowed-ballot boxes seals to be admitted as exhibits.

-Directions at Pre-Trial Chamber

Ruling delivered on 24.5.13

Application for seeking leave to file further affidavit by a witness

-Application rejected

Ruling delivered on 19.6.13

-Application for rentention of affidavit.

-Affidavit expunged from the records

Ruling delivered on 19.6.13

-Application for production of documents

-Application ffor production of documents refused

Ruling delivered on 27.6.13

-Application for scrutiny & recount in all poll stations in Othaya constituency

Application dismissed

Ruling delivered on 6.8.13

-An appeal from the Ruling of the High Court of Kenya at Nyeri (Jairus Ngaah, J.) delivered on 6th August, 2013

-Appeal dismissed (Court of Appeal)

Judgment delivered on 10.9.13

-Petition challenging election of Member of the National Assembly for Othaya Constituency.

-Petition dismissed

Judgment delivered on 12.9.13

-An appeal from the judgment of the High Court of Kenya at Nyeri (Ngaah, J.) dated 12th September, 2013

-Appeal allowed

Judgment delivered on 13.2.14 (Court of Appeal)

-Being an Appeal from the Judgement, Decree and/or Order ofthe Court of Appeal of Kenya at Nyeri, in Civil Appeal No. 31 of 2013(Alnashir Visram, M. Koome & Otieno-Odek, JJA) dated the 13th day of February 2014)     

-Petition of Appeal allowed

Judgment delivered on 5.5.14 (Supreme Court of Kenya) 

116

Nyeri HC Pet. No. 4 of 2013

Richard Nchapi Leiyagu

IEBC

Mathew Lekidime Lempurkel

Returning Officer Laikipia North

MP, Laikipia North Constituency, Laikipia County.

Justice James Wakiaga, Nyeri HC

-Application for dismissing and striking out Petition for non-attendance

-Application dismissed

-Petition dismissed

Ruling delivered on 11.6.13

-Application for reviewing Court order

-Application for reinstating the petition for hearing

-Application dismissed

Ruling delivered on 8.7.13

-Appeal- Application seeking to set aside the order made by (Wakiaga J) dismissing the petition for non-attendance on 8.7.13

-Appeal allowed

Judgment delivered on 20.8.13 (Court of Appeal)

-Petition challenging election of Member of National Assembly for Laikipia North Constituency

-Petition dismissed

Judgment delivered on 4.10.13

-Being an appeal from the judgment & decree of the High Court of Kenya at Nyeri (Mabeya J) dated 4.10.13

-Appeal dismissed

Judgment delivered on 4.4.14 (Court of Appeal)

117

Nyeri HC Pet. No. 5 of 2013

Wilson Nginga Kimotho

Esther Murugi Mathenge

IEBC

Returning Officer Nyeri Town Constituency

MP, Nyeri Town Constituency, Nyeri County.

Justice Jairus Ngaah, Nyeri HC

-Application for striking out Petition

-Application dismissed

-Ruling delivered on 10.6.13

-Application for leave to file affidavits

Ruling delivered on 14.6.13

-Application for striking out Petition drawn & filed by unqualified person.

-Petition struck out

-Declaration that 2nd Respondent was validly elected as the Member of National Assembly for Nyeri Town Constituency

-Ruling delivered on 15.8.13

 

 

COUNTY ASSEMBLY ELECTION PETITIONS, 2013

No.

Election Pet. No.

Petitioner(s)

Respondent(s)

Electoral Area

Election Court

Court Proceedings

BOMET

118

Bomet CMCC Pet. No. 1 of 2013

Peter Kirui Langat

Robert Kipkirui Metet

IEBC

Anor.

County Assembly Ward Representative Silibwet Township Ward, Bomet Central Constituency, Bomet County

Hon. Virginia Karanja, Bomet

-Application for scrutiny & recount

Ruling delivered on 26.6.13

- Petition challenging election of Member of the County Assembly, Silibwet Township Ward

-Petition dismissed

Judgment delivered on 30.8.13

BUNGOMA

119

Bungoma CMCC No. 1 of 2013

Robert B. Wanyera

IEBC

Nathan Obwana

IEBC

Lorna Nanjala Khaemba

County Assembly Ward Representative Lwandanyi Ward, Sirisia Constituency, Bungoma County

Hon. Rachel Ngetich, Bungoma

-Application for leave to file response out of time.

-Application allowed

Ruling delivered on 8.5.13

-Application for scrutiny & recount of all votes cast.

-Application dismissed

Ruling delivered on 15.5.13

-Application for adjournment after allocation of time.

-Application allowed

Ruling delivered on 23.5.13

-Petition challenging election of Member of the County Assembly for Lwandanyi Ward

-Petition allowed fresh election to be held.

Judgment delivered on 10.9.13

-Appeal - Application for the disqualification of a judge not to hear the appeal.

Appeal dismissed.

Ruling delivered on 10.12.13 (Chitembwe J)

-Appeal arising from the Judgment delivered on 10.9.2013

Appeal allowed

Judgment delivered on 5.3.14

BUSIA

120

Busia CMCC Pet. No. 1 of 2013

Tadeyi Mukudi Muliro

IEBC

Paul Cheruiyot Kones

Fred Musirimba

County Assembly Ward Representative Bunyala North Ward, Budalangi Constituency, Busia County

Hon. Thripsisa Cherere, Busia

- Application for nullification & declaration for fresh elections.

-Application dismissed

Ruling delivered on 1.8.13

-Petition challenging County Representative for Bunyala North Ward.

-Petition dismissed

Judgment delivered on 1.8.13

121

Busia CMCC Pet. No. 2 of 2013

Emmanuel Okore Sango, Joseph Makokha Ouma

Paul Cheruiyot Kones

IEBC

Stephen Omenda Mukanga

County Assembly Ward Representative Bunyala South Ward, Budalangi Constituency, Busia County

Hon. Thripsisa Cherere, Busia

-Application for nullification & declaration for fresh elections.

-Application dismissed

Ruling delivered on 1.8.13

Petition challenging County Representative for Bunyala South Ward.

-Petition dismissed

Judgment delivered on 1.8.13

CHUKA

122

Chuka Magistrates Court Pet. No. 1 of 2013

Charles Nyaga Njeru

IEBC

Nevert Ntwiga

County Assembly Ward Representative Mitheru Ward, Maara Constituency, Tharaka Nithi County

Hon. Caroline Obara, Chuka

-Application for for leave to amend the petition.

-Application dismissed

Ruling delivered on 28.5.13

-Application for secrutiny & retallying.

-Application allowed

Ruling delivered on 1.7.13

-Petition challenging election of Member of the County Assembly for Mitheru Ward

-Petition dismissed

Judgment delivered on 31.7.13

-An appeal from Judgment and decree

dated 31st July, 2013

-Appeal dismissed

Judgment delivered on 21.1.14 (Makau J)

GARISSA

123

Garissa CMCC No. 1 of 2013

Mohamed Billow Mohamed

Idris Abdi Bilala

Mutemi Titus (RO- Garissa County)

IEBC

County Assembly Ward Representative, Balambala ward, Balambala Constituency, Garissa County

Hon. Benard Ndeda, Garissa

-Application for recount & scrutiny of votes cast

Ruling delivered on 18.6.13

-Petition challenging election of County Assembly Ward Representative.

-Petition allowed - election nullified,fresh elections ordered

Judgment delivered on 30.8.13

124

Garissa CMCC No. 2 of 2013

Mohamed Koriyow. Hassan

Mohamed Aden Dubow

IEBC

The Clerk- Garissa County

Mohamed Abey Mohamed

Abubakar Mohamed Shide

County Assembly Speaker, Garissa County

Hon. Hannah Ndungu,Garissa

-Petition marked as settled by consent

Settlement dated 23.5.13

125

Garissa CMCC No. 3 of 2013

Abdinoor Adan Abdikarim

IEBC

Mohamed Muhamud Osman

County Assembly Ward Representative, Danyere ward, Balambala Constituency, Garissa County

Hon. Benard Ndeda, Garissa

-Misdescription of Electoral area

-Petition to proceed under gazetted Court.

-Error in gazette notice no.5382 at pg 2301 to be brought to attention of the Hon Chief Justice.

Ruling delivered on 23.5.13

-Application for dismissing petition

-Petition dismissed

Ruling delivered on 17.7.13

-An Appeal arising out of the Judgment of Mr. Linus Kassan, Principal Magistrate in Election Petition No 3 of 2013 delivered on 16th July 2013 in the Chief Magistrate's Court at Garissa

-Appeal partly allowed

Judgment delivered on 27.1.14 (Nyamweya J)

126

Garissa CMCC No. 4 of 2013

Aden Yusuf Bute

IEBC,

R.O Garissa County

Abdirahman Abdullahi Omar

County Assembly Ward Representative Saka Ward, Balambala Constituency, Garissa County

Hon. Hannah Ndungu, Garissa

-Petition challenging election of Member of the County Assemly for Saka Ward.

-Petition incompetent & struck out

Ruling delivered on 1.7.13

GARSEN

127

Garsen CMCC Pet. No. 1 of 2013

Sarif Abdulkadir Abderhman

Abdullah Chikophe

IEBC

Manase Samuel Guyo

County Assembly Ward Representative Kipini East Ward, Garsen Constituency, Tana River County

Hon. Justus Kituku, Garsen

Petition challenging election of Member of the National Assembly for Kipini East ward

-Petition dismissed

Judgment delivered on 16.8.13

-Application challenging the appeal

-Appeal struck out

Ruling delivered on 11.2.14 (Meoli J)

GICHUGU

128

Gichugu CMCC Pet. No. 1 of 2013

Wilson Waweru Wambugu

Jamlick Kariuki Kiura,

IEBC

Kabengi Richard,

Dennis Omare, Returning Officer, Gichugu Constituency

County Assembly Ward Representative Njukiini Ward, Gichugu Constituency, Kirinyaga County

Hon. Thomas Mwangi Muraguri, Gichugu

-Application for scrutiny & recount of all votes cast for the election of the County Assembly (Njukiini Ward).

-Application partly allowed

Ruling delivered on 16.8.13

- Petition challenging election of Member of the National Assembly for Njukiini Ward

-Petition dismissed

Judgment delivered on 20.9.13

HOMA BAY

129

Homa Bay CMCC Pet. No. 1 of 2013

Isaiah Odak Onyango

Isaiah Agwenge Odera

Returning Officer, Kasipu Constituency

IEBC

County Assembly Ward Representative Kasipul West Ward,
Kasipul Constituency, Homa Bay County

Hon. Patricia Gichohi, Homa Bay

-Petittion challenging election of Member of the National Assembly for Kasipul West Ward

-Petiion dismissed

Judgment delivered on 29.8.13

130

Homa Bay CMCC Pet. No. 2 of 2013

Fredrick Otieno Nyagowa

Isaiah Oyoo Opap

IEBC

Returning Officer, Kasipul Constituency

County Assembly Ward Representative West Kamagak Ward, Kasipul Constituency, Homa Bay County

Hon. Samson Ongeri, Homa Bay

-Petition challenging the election of County Representative for West Kamagak Ward.

-Petition dismissed

Judgment delivered on 25.7.13

KAKAMEGA

131

Kakamega CMCC No. 1 of 2013

Francis Ingosi Kaburu

IEBC

Robert Lubwa Lutatwa

County Assembly Ward Representative
Isukha Ward, Shinyalu Constituency, Kakamega County

Hon. Susan Shitubi, Kakamega

-Application for recount & scrutiny of votes.

-Application rejected

Ruling delivered on 6.6.13

-Petition challenging election of Member of the National Assembly for Isukha Ward

-Petition Struck out

Judgment delivered on 15.8.13

132

Kakamega CMCC No. 2 of 2013

Okwemba Milsadeck Elisaphan

IEBC

Returning Officer, Lugari Constituency

Titus Marachi Kwoma

County Assembly Ward Representative, Chekalini Ward, Lugari Constituency, Kakamega County.

Hon. Mary Gwaro, Kakamega

-Application seeking recount & scrutiny.

-Application dismissed

-Petition struck out

Ruling delivered on 25 .7.13

KAPENGURIA

133

Kapenguria CMCC Pet. No. 1 of 2013

Emmanuel Katana Michael

Emmanuel Chodotum

Edward Lutiali

IEBC

Paul Chemmuttut (Returning Officer Kapenguria Constituency)

James Limanyang Kapellion

County Assembly Ward Representative, Mnagei Ward, Kapenguria Constituency, West Pokot County

Hon. Washika Wachira, Kapenguria

-Petition challenging election of Member of the National Assembly for Mnagei Ward

-Petition allowed, 3rd Respondent was not validly elected

Judgment delivered on 11.7.13

KAPSABET

134

Kapsabet CMCC Pet. No. 1 of 2013

Charles Kimeli Korir

Ezekiel Juma

IEBC

Baruch Kichirchir Suge

County Assembly Ward Representative Kabisaga Ward, Mosop Constituency, Nandi County

Hon. Beatrice M. Mosiria, Kapsabet

-Petition challenging election of Member of County Assembly Representative for Kabisaga Ward.

-Petition allowed, fresh elections ordered.

Judgment delivered on 27.9.13

KERICHO

135

Kericho CMCC No. 1 of 2013

Kipkemoi Terer

John Langat

Richard Ondieki

IEBC

The Transitional Authority

County Assembly Speaker, Bomet County

Hon. Wilson Kaberia, Kericho

-Petition challenging election of the County Assembly Speaker for Bomet County.

-Petition allowed, fresh election ordered

Judgment delivered on 5.7.13

-Appeal challenging the election of County Assembly Speaker, Bomet County.

-Appeal struck out

Ruling delivered on 8.8.13 (Muchelule, J)

KIGUMO

136

Kigumo CMCC Pet. No. 1 of 2013

Francis Mwangi Kahoro

IEBC

John Ngutai (Returning Officer Kigumo Constituency)

Anderson Muchemi Waweru

County Assembly Ward Representative Kangari Ward, Kigumo Constituency,

Muranga County

Hon. Desderias Orimba, Kigumo

-Application for striking out Petition.

-Pleadings/Application filed by unqualified person.

-Petition struck out

Ruling delivered on 21.5.13

KILGORIS

137

Kilgoris CMCC Pet. No. 1 of 2013

Kibet Ronoh Underson

Mibei Kennedy Kipsang,

IEBC

Sameul N. Chacha

County Assembly Ward Representative Mogondo Ward, Emurua Dikirr Constituency, Narok County

Hon. Bernard Ochieng, Kilgoris

-Petition challenging election of Member of the County Assembly for Mogondo Ward.

-Petition allowed, fresh election ordered.

Judgment delivered on 23.8.13.

KIMILILI

138

Kimilili CMCCs Pet. No. 1 of 2013

Wycliffe Tabani Wepukhulu

Florence Fulano Wekesa

IEBC

Stanley Kipkore

County Assembly Ward Representative, Maeni Ward, Kimilili Constituency, Bungoma County

Hon. Martha Anyona Nanzushi, Kimilili

-Petition challenging election of County Assembly Respresentative.

-Petition dismissed

Judgment delivered on 23.9.13

KISII

139

Kisii CMCC. Pet. No. 1 of 2013

David Nyabuto Ombui

IEBC

Returning officer Bomachoge Barabu Constituency

George Morara Bibao

County Assembly Ward Representative, Bokimonge Ward, Bomachoge Borabu Constituency, Kisii County.

Hon. Ann C. Onginjo, Kisii

-Preliminary objection for production of ballot boxes of the 7 polling stations within Bokimonge ward in Bomachoge constituency.

-Preliminary Objection dismissed

Ruling delivered on 17.6.13

Application for scrutiny

-Application declined

Ruling delivered on 19.6.13

-Petition challenging election of Member for County Assembly Ward.

-Petition dismissed

Judgment delivered on 30.7.13

140

Kisii CMCC. Pet. No. 2 of 2013

Lucas Ongaki

Samuel Keny Nyangenya

Ng’eny K. Robert

IEBC

County Assembly Ward Representative, Bobarache Ward, Nyaribari Chache Constituency, Kisii County.

Hon. Sambu Kibet, Kisii

-Application for scrutiny & re-tallying

-Application rejected

Ruling delivered on 27.5.13

-Petition challenging election for Member for County Assembly Ward Representative Bobarache Ward.

-Petition allowed, fresh elections ordered.

Judgment delivered on 26.9.13

141

Kisii CMCC. Pet. No. 3 of 2013

Kennedy Mose Nyawaya

IEBC

Mose Opiyo

Kennedy Mishira Mainya

County Assembly Ward Representative, Kiamokama Ward, Nyaribari Masaba Constituency, Kisii County.

Hon. Sambu Kibet, Kisii

-Application for court to issue order directing 1st & 2nd Respondents to produce all the counter foils of all the ballot booklets.

-Application suspended

-Pre trial directions given

Ruling delivered on 21.5.13

-Petition challenging County Assembly Ward Representative Kiamokama Ward.

-Petition dismissed

Judgment delivered on 16.8.13

KITALE

142

Kitale CMCC Pet. 1 of 2013

 

Francis Obingo Were

IEBC

Farah Abdi Ibrahim

County Assembly Representative Tuwani Ward, Saboti Constituency,

Trans Nzoia County.

Hon. Maxwel Gicheru, Kitale

-Petition challenging election of the County Assembly Representative for Tuwani Ward, Saboti Constituency.

-Petition dismissed

Judgment delivered on 21.8.13

KWALE

143

Kwale Magistrates Court Pet. No. 1 of 2013

Mohamed Khamis Mwasengeza

IEBC

David Maro

Juma Athman Maone

County Assembly Ward Representative Kinondo Ward, Msambweni Constituency, Kwale County

Hon. Elizabeth Katiwa Usui, Kwale

-Application for scrutiny & recount of votes cast.

-Application dismissed

Ruling delivered on 18.6.13

-Petition challenging election of the Member of the County Assembly for Kinondo Ward, Msambweni Constituency.

-Petition dismissed

Judgment delivered on 30.8.13

MACHAKOS

144

Machakos CMCC Pet. No. 1 of 2013

Jeremiah Kioko Kyalo

Peter Munywoki Nzoka

IEBC

Leonard Okemwa, Returning Officer

County Assembly Ward Representative, Matungulu North Ward, Matungulu Constituency, Machakos County.

Hon. Peter Gesora, Machakos

-Application for dismissing petition.

-Application allowed

Judgment delivered on 19.7.13

145

Machakos CMCC Pet. No. 2 of 2013

John Bosco Mbuthu Makau

Wilson Mutiso Kasimu

IEBC

Leonard Okemwa, The Returning Officer

County Assembly Ward Representative, Matungulu East Ward, Matungulu Constituency, Machakos County

Hon. Peter Gesora, Machakos

-Application for recount & nullification of elections for Matungulu East County Assembly.

-Petition dismissed

Judgment delivered on 19.7.13

146

Machakos CMCC Pet. No. 3 of 2013

Francis Mwaniki Ngunga

Oliver Nzeki Munyaka

IEBC

Returning Officer, Machakos

County Assembly Ward Representative, Mua Ward, Machakos Town Constituency, Machakos County.

Hon. Teresa Achieng’ Odera, Mavoko

-Petition challenging election of Member for County Assembly Ward Representative Mua Ward.

-Petition allowed, fresh election to be held.

Judgment delivered on 16.9.13

147

Machakos CMCC Pet. No. 5 of 2013

Franklin Musila Makola

Interim clerk of Machakos County Assembly, Felix Mbiuki,

Transitional Authority,

B A Mungata (County Assembly speaker),

Alfred Mutua (Governor) & Machakos County Assembly

Machakos County Assembly Speaker

Justice David Majanja, Machakos High Court

-Petition challenging the election of the County Assembly Speaker.

-Petition dismissed

Judgment delivered on 24.6.13

MAKUENI

148

Makueni CMCC Election Pet. No. 1 of 2013

Isaack Muya Munyoki

Mutinda Mwangangi

Independent Electoral and Boundaries Commission

County Assembly Ward representative Waia/Kako Ward, Mbooni Constitutency, Makueni County.

Hon. Richard Koech, Makueni

-Petition Challenging Member of County Assembly for Waia/ Kako Ward.

-Petition dismissed

Judgment delivered on 29.8.13

MALINDI

149

Malindi CMCC Pet. No. 1 of 2013

Joseph Gumbao Kiponda

IEBC

Stephen Bahati Mlanda

County Assembly Ward Representative, Ganda Ward, Malindi Constituency

Hon. Yusuf Shikanda, Malindi

-Application for restraining 2nd Respondent from assuming office & undertaking any functions as the Ganda Ward County Assembly Representative, Malindi Constituency.

-Appliocation dismissed

Ruling delivered on 31.5.13

-Application for scrutiny & recount of all votes cast in respect of Ganda County Assembly, Malindi Constituency.

-Court to determine whether to order recount & scrutiny after evidence by all parties has been heard.

Ruling delivered on 10.7.13

-Application for scrutiny & recount.

-Application allowed to specific polling stations.

Ruling delivered on 6.8.13

-Application for reviewing court decision dated 6.8.13

Application dismissed

Ruling delivered on 27.8.13

-Petition challenging election of Ganda County Assembly Representative.

-Petition dismissed

Judgment delivered on 13.9.13

150

Malindi CMCC Pet. No. 2 of 2013

Bakari Hassan Juma

IEBC

Mwathethe Adamson Kadenge

Halfani Tsuma

County Assembly Ward Representative, Shella Ward, Malindi Constituency, Kilifi County

Hon. Lutta Nathan, Malindi

Application of withdrawal. (Gazette Notice No. 6404) May 2, 2013

-Application for substitution of petitioner.

-Application allowed

Ruling delivered on 14.5.13 by N. Shiundu Ag SPM

-Petition challenging election of Member of the County Assembly for Shella Ward

-Petition dismissed

Judgment delivered on 15.8.13.

-Appeal challenging ruling delivered on 14.5.13

Appeal dismissed.

Ruling delivered on 16.12.13 (Muriithi J)

-Appeal chalenging judgment delivered on 15.8.13

-Appeal allowed, fresh election ordered.

Summary Judgment delivered on 27.2.14 (Muriithi J)

-Final Judgment on the Appeal

-Appeal allowed

Judgment issued on 17.3.14

MANDERA

151

Mandera CMCCs Pet. No. 1 of 2013

Mohamed Ibrahim Abdullahi

Returning Officer Bulla Mpya Ward Mandera East

Independent Electoral and Boundaries Commission

Robow Mohamed Hassan

County Assembly Ward Representative, Bulla Mpya Ward, Mandera East Constituency, Mandera County.

Hon. Charles Mutai

Petition withdrawn. Awaiting Ruling to that effect from JWCEP*

MARALAL

152

Maralal CMCCs Pet. No. 1 of 2013

Leura Lodungokiok

Lesoipa Nakini

George Govando

David Njiru Njagi

Peter Kiawa Musau

Epur Raphael

IEBC

County Assembly Ward Representative, Suguta Mar Mar Ward, Samburu West Constituency, Samburu County

Hon. Charles Ndegwa, Maralal

-Application to file replying affividavits out of time.

-Application allowed

- Ruling delivered on 2.5.2013

153

Maua CMCC Pet. No. 1 of 2013

Turibu Moses Kinyua

Andrew Kobia

Mohamed Abdi Sheik

IEBC

County Assembly Ward Representative Muthara Ward, Tigania East Constituency,

Meru County,

Hon. John Kingori, Maua

-Application for striking out petition

-Application dismissed

Ruling delivered on 24.5.13

-Being Appeal from the ruling of the Chief magistrates’s Court at Maua delivered on 24.5.13

-Appeal dismissed

Judgment delivered on 18.10.13 by Lessit, J

154

Maua CMCC Pet. No. 2 of 2013

Japhet Kirimi Kobia

Julius Kabira Ambau

Barnard Musee

IEBC

County Assembly Ward Representative Athiru Ruujine Ward, Igembe Constituency,

Meru County.

Hon. Maundu Mutungwa, Maua

-Application for orders to release copies of form 34, provide copies of all registers & recount of all votes.

-Petitioner to be provided with copies of all marked registers & recount allowed.

Ruling delivered on 31.5.13

-Petition challenging the election of County Representative for Athiru Ruujine Ward.

-Petition dismissed

Judgment delivered on 18.9.13

MERU

155

Meru CMCC No. 1 of 2013

John Mbaabu Murithi

Jacob Mwirigi Muthuri

IEBC

Lucy Mbithi

The Returning Officer

County Assembly Ward Representative Kibirichia Ward, Buuri Constituency, Meru County.

Hon. Dickson Odhiambo, Meru

-Application for scrutiny & recount of all ballot papers within Kibiricha Ward.

-Application allowed

Ruling delivered on 4.6.13

-Application for recount & scrutiny of ballot papers.

-Application allowed in one ward

Ruling delivered by Hon Justice Lessit on 24.6.13

-Election Petition Appeal- Stay of proceedings Meru Chief Magistrates EP 1/13 pending hearing and determination of the appeal.

-Appeal allowed

Judgment delivered on 8.8.13 by Hon Justice Lessit

Application for scrutiny & recount

-Application allowed for polling station.

Ruling delivered on 4.9.13

- Petition challenging election of Representative to the County Assembly in Kibirichia Ward

-Petition dismissed

Judgment delivered on 24.9.13

156

Meru CMCC No. 2 of 2013

Salesio Mugambi M.

William Kirimi Magiri

IEBC

Kenneth Onditi

County Assembly Ward Representative Abogeta West Ward, South Imenti Constituency, Meru County.

Hon. Rosemary Kimingi, Meru

-Petition challenging the election of Abogeta West County Assembly.

-Petition dismissed

Judgment delivered on 20.8.13

157

Meru CMCC No. 3 of 2013

M’anyiri Hannington Gitaari

Alphaxard Kaumbuthu Chabari

IEBC

Kenneth Onditi, The Returning Officer

County Assembly Ward Representative, Igoji West Ward, South Imenti Constituency, Meru County.

Hon. Dickson Odhiambo, Meru

-Petition challenging the election or declaration and return of the 1st Respondent by the 2nd and 3rd Respondents as the winner of the election for the position of County Assembly for Igoji West County Ward

-Petition allowed

Judgment delivered on 4.9.13

MIGORI

158

Migori CMCC Pet. No. 1 of 2013

Michael Odoyo Nyakwaka

Boaz Owiti Okoth

The Returning Officer for Nyatike Constituency

IEBC

County Assembly Ward Representative North Kadem Ward, Nyatike Constituency, Migori County

Hon. David Kemei, Migori

-Pre Trial chamber conference.

Ruling delivered on 10.6.13

-Application by Petitioner seeking leave to withdraw the petition.

-Application allowed, petition marked as withdrawn.

Ruling delivered on 7.8.13

-Presentation of costs for assessment following the withdrawal of the petition.

Ruling delivered on 28.8.2013

159

Migori CMCC Pet. No. 2 of 2013

Tobias Werema Range

Nyamohanga Charles Nyangi

The returning officer for Kuria West Constituencey

IEBC

County Assembly Ward Representative Isibania Ward, Kuria West Constituency, Migori County

Hon. Edwin Nyaga Muriuki, Migori

Withdrawn awaiting ruling from JWCEP to that effect*

MOMBASA

160

Mombasa CMCC. Pet. No. 1 of 2013

Mwanahamisi Omar Komora

IEBC

County Assembly Ward Representative, Kadzandani Ward, Nyali Constituency, Mombasa County

Hon. Stephen Riechi, Mombasa

-Application for dismissal of a petition.

-Application allowed

Ruling delivered on 10.7.13

161

Mombasa CMCC Pet. No. 2 of 2013

Mwangi Kimwele,

Juma Athuman Lubambo,

Said Mangale Kombo Kalimbo

Charles Mwadime Kiridia

Humphrey Kalama Fondoson

Kibwana Saleh Baya

IEBC

Neema Karisa

County Assembly Ward Representative, Miritini Ward, Jomvu Constituency, Mombasa County

Hon. Joyce Gadani, Mombasa

-Application for dismissing 3rd Petitioner Petition.

-Application allowed 3rd petitioner petition dismissed.

Ruling delivered on 29.7.13

162

Mombasa CMCC. Pet. No. 3 of 2013

Salim Ali Sheikh

IEBC

Frankline Mwalenga

Patrick Peter Muriuki Siminyu

County Assembly Ward Representative, Tudor Ward, Mvita Constituency, Mombasa County

Hon. Samuel Gacheru, Mombasa

-Petition challenging election of County Assembly Representative, Tudor Ward.

-Petition dismissed

Judgment delivered on 25.9.13

MUTOMO

163

Mutomo Magistrates Court Pet. No. 1 of 2013

Geoffrey Muli Mwalimu

Hussein Mwandia

Returning Officer Kitui Constituency

IEBC

County Assembly Ward Representative, Ikutha Ward, Kitui South Constituency, Kitui County

Hon. Samuel Mutai, Mutomo

-Application for striking out petition having been filed by an incompetent & unqualified person.

-Petition struck out

Ruling delivered on 20.9.13

NAIVASHA

164

Naivasha CMCC Pet. No. 1 of 2013

Bernard Muthomi Njoroge

Eunice Wambui Muriithi,

IEBC

Mildred Wachie

County Assembly Ward Representative Viwandani Ward, Naivasha Constituency, Nakuru County

Hon. Stephen Githinji, Naivasha

-Petition challenging election of Member of the County assembly for Viwandani Ward.

-Petition dismissed

Judgment delivered on 14.8.13

NAIROBI

165

Nairobi CMMC Pet. No. 1 of 2013

William Kinyanyi Onyango

IEBC

Robert Mbatia

Returning Officer (Kariobangi South)

Robert Mbatia

County Assembly Ward Representative, Uhuru Ward, Embakasi Constituency, Nairobi County

Hon. Timothy Okello, Makadara

-Application for recounting & scrutiny of the registers & votes cast

-Application seeking to struck/dismiss the petition

-Petition struck out

Ruling delivered on 31.5.13

-Appeal- challenging ruling & order of Timothy .O. Okello SPM made on 31.5.13.

-Appeal allowed, Petition reinstated for hearing.

Judgment delivered on 27.9.13 by G.K Kimondo J

166

Nairobi CMMC Pet. No. 2 of 2013

Joel Nyabuto Omwenga

IEBC

Daniel Mbugua Mari

County Assembly Ward Representative, Ruai Ward, Kasarani Constituency, Nairobi County

Hon. Hon. Anthony Mwicigi, Milimani Law Court

-Determination whether the Respondents have first right of audience during oral submissions.

Court:- Petitioners reserve the right to make their final submissions first, then Respondents will therefore respond to their submission.

Ruling delivered on 5.7.13

-Petition challenging the election of

2nd Respondent as the winner of the County Assembly Representative for Ruai Ward, Kasarani Constituency

-Petition dismissed

Judgment delivered on 21.8.13

-Appeal against the ruling delivered on 21.8.13.

-Application not merited

-Application dismissed

Ruling delivered on 11.2.2014 (Justice J Kamau)

167

Nairobi CMMC Pet. No. 3 of 2013

Abraham Mwangi Njihia

IEBC,

David Njoroge Kairu

Jane Wasilwa

Returning Officer (Kibra)

County Assembly Ward Representative, Woodley/Golf Course Ward, Kibra Constituency, Nairobi County

Hon. Judith Wanjala, Kibera, Nairobi

-Appeal- Application seeking to set aside the decision of the subordinate court striking out petition for being drawn & filed by an unqualified person.

-Appeal dismissed

Judgment delivered on 13.8.13 (Majanja J)

NOT RECEIVED LOWER COURT RULING DELIVERED ON 13.6.13*

168

Nairobi CMMC Pet. No. 4 of 2013

Samuel Kago Mungai Kimari

Anor

Milliam Wanjiru,

IEBC

Daniel Kithama Mutwo

County Assembly Ward Representative, Ngei Ward, Mathare Constituency, Nairobi County

Hon. Rosslyn Oganyo, Milimani Commercial

-Application to grant leave to the Applicant top file an appeal & temporary stay of execution of the ruling & orders made on 17.5.13

-Application for leave granted but prayer for stay of execution declined.

Ruling delivered on 30.5.13

-Petition challenging election of Member of the County Assembly Ngei Ward.

-Petition dismissed

Judgment delivered on 30.8.13

169

Nairobi CMMC Pet. No. 6 of 2013

Daniel Munyao Nzwili

IEBC

Daniel Mbugua Mari

County Assembly Ward Representative, Ruai Ward, Kasarani Constituency, Nairobi County

Hon. Anthony Mwicigi, Milimani Law Court

-Determination whether the Respondents have first right of audience during oral submissions.

Court:- Petitioners reserve the right to make their final submissions first, then Respondents will therefore respond to their submission.

Ruling delivered on 5.7.13

-Petition challenging the election of 2nd Respondent as the winner of the County Assembly Representative for Ruai Ward, Kasarani Constituency

-Petition dismissed

Judgment delivered on 21.8.13

170

Nairobi CMMC Pet. No. 7 of 2013

Esther Waithera Chege

Manoah Karege Mbuku

IEBC

Peter K. Muigai

County Assembly Ward Representative, Nairobi South Ward, Starehe Constituency, Nairobi County

Hon. Francis Andayi, , Milimani Commercial

Petition challenging election of Member of County Assembly Nairobi South Ward.

-Petition dismissed

Judgment delivered on 2.8.13

-Being an appeal from the Judgment and Decree of the Hon. Mr. Andayi W. F., Senior Principal Magistrate, delivered on 2nd day of August, 2013 in Election Petition No. EP7 of 2013 at Nairobi Chief Magistrate's Court, Milimani Commercial Courts

-Appeal dismissed

Judgment delivered on 13.314 (Kimaru J)

171

Nairobi CMMC Pet. No. 8 of 2013

Duncan Chege Gathogo

Alfred Ambani Muhindi

Sylvia Maritim

IEBC

County Assembly Ward Representative, Lower Savannah Ward, Embakasi Constituency, Nairobi County

Hon. Maryanne Murage, , Milimani Commercial

-Petition challenging election of County Representative Lower Savannah Ward.

-Petition dismissed

Judgment delivered on 17.9.13

172

Nairobi CMMC Pet. No. 9 of 2013

Oscar Mafunga Igaida

IEBC

Returning Officer Langata

Maurice Gari Otieno

County Assembly Ward Representative, Nairobi West Ward, Langata Constituency, Nairobi County.

Hon. Charles Obulutsa, Milimani Commercial

-Petition challenging election of Member of the County Assembly for Nairobi West Ward.

-Petition dismissed

Judgment delivered on 10.9.13

173

Nairobi CMMC Pet. No. 10 of 2013

Charles Kanja Muragu

IEBC

Returning Officer Langata,

David Njilia Mberia

County Assembly Ward Representative, Karen Ward, Langata Constituency, Nairobi County

Hon. Daniel Ole Keiwua, Milimani Commercial

-Withdrawn awaiting ruling on that effect*


NAKURU

174

Nakuru CMCC Pet. No. 1 of 2013

Leornard Kipngeno Korir

Irene Jerop Cheboi,

IEBC

Fidelis Kitili Kivaya

County Assembly Ward Representative Mauche Ward, Njoro Constituency, Nakuru County

Hon. Samuel Mungai, Nakuru

Ruling on costs prompted by the withdrawal of the petition by consent of all the parties.

Ruling delivered on 30.8.13

NANYUKI

175

Nanyuki CMCC Pet. No. 1 of 2013

Ephantus Kariithi Mwangi

IEBC

Paul Kurenyi Leshuel

County Assembly Ward Representative, Mugogodo East Ward, Laikipia North Constituency, Laikipia County

Hon. Vincent Kiptoon, Nanyuki

- Petition challenging the election of Member of the County Assembly Ward

for Mugogodo Esat Ward, Laikipia North Constituency.

-Petition allowed, fresh election shall be conducted.

Judgment delivered on 5.9.13

NAROK

176

Narok Principal CMCC Pet. No. 1 of 2013

Lembeshua Reuben Moriaso Ole

Kool Julius Ole

Issac Kuntai Kool

Mohamed Raka

IEBC

County Assembly Ward Representative, Olokurto Ward, North Narok North Constituency, Narok County

Hon. Allan Temba, Narok

-Application striking out responses to Petition and amended Petition.

-Application allowed.

-Election of of the 2nd Respondent upheld

Ruling delivered on 6.9.13

177

Narok Principal CMCC Pet. No. 2 of 2013

Lemmy Samatei Ole Kamuye

Born Bob Maren

Malonza M. Mule

IEBC

County Assembly Ward Representative Ololung’a Ward, Narok South Constituency, Kisii County

Hon. Allan Temba, Narok

-Application for striking out petition

-Petition struck out

Ruling delivered on 24.6.13

NYAMIRA

178

Nyamira Magistrates Court Pet. No. 1 of 2013

Benter Nyaboke Nyandiba

Fred Nyachae Omayio

The Returning Officer North Mugirango Constituency

IEBC

County Assembly Ward Representative, Magwagwa Ward, North Mugirango Constituency, Nyamira County

Hon. Nicholas Njagi, Nyamira

-Declaring 1st Respondent as validly elected after recount.

Ruling delivered on 1.8.13

179

Nyamira Magistrates Courts Election Pet. No. 2 of 2013

Justus Nyaribo

Clerk to the Nyamira County Assembly

County Assembly Speaker, Nyamira County.

Hon. Norbert Okumu

-Application for contempt of court order which was duly served upon the Respondent.

-Application dismissed

Ruling delivered on 2.7.13

-Application for objection to the petition being frivolous, vexatious, utterly misconceived, overtaken by events, lacks merits & evidence.

Petition dismissed

Ruling delivered on 13.8.13

180

Nyamira Magistrates Court Pet. No. 3 of 2013

Isaac Oerri Abiri

Samuel Nyangau Nyanchama

Justus Naliakho (Returning Officer North Mugirango Constituency)

IEBC

County Assembly Ward Representative, Itibo Ward, North Mugirango Constituency, Nyamira County

Hon. Nicholas Njagi, Nyamira

-Application for an order of recount and or scrutiny of all votes cast in respect of Itibo Ward.

-Application dismissed

Ruling delivered on 23.8.13

-Petition Challenging election of County Assembly Ward Representative Itibo Ward.

-Petition dismissed

Judgment delivered on 6.9.13

-Being an appeal against the judgment and decree delivered on 6th September 2013 in Nyamira Chief Magistrate’s court Election Petition No.3 of 2013 by Hon. N. Njagi, Principal Magistrate)

-Appeal dismissed

Judgment delivered on 13.3.14 (Sitati J)

181

Nyamira Magistrates Court Pet. No. 4 of 2013

Nelson Bikundo Apima

Robert Apiemi Ongwano

IEBC

Returning Officer West Mugirango Constituency

County Assembly Ward Representative, Towship Ward, West Mugirango Constituency, Nyamira County

Hon. Norbert Okumu, Nyamira

-Application for striking out petition

Application allowed

Ruling delivered on 14.6.13

OGEMBO

182

Ogembo CMCC Pet. No. 1 of 2013

Cyrus Bosire Ogega

Ibrahim Onami Ombuya

Stanely Oirere Oyunga

Elijah Moganchi Mbweke

Timothy Mokua Nyarango

Returning Officer Bomachoge Chache Constituency

IEBC

County Assembly Ward Representative Bosoti/Sengera Ward, Bomachoge Constituency, Kisii County

Hon. Daniel Ogola Ogembo, Ogembo Court

-Petition challenging election of County Assembly Ward Representative.

-Petition dismissed

Judgment delivered on 6.9.13

183

Ogembo CMCC Pet. No. 2 of 2013

Japheth Omari Ombeo

Robert Nyamache Siocha

Returning officer for Bobasi Constituency

IEBC

County Assembly Ward Representative Bobasi Chache Ward, Bobasi Constituency, Kisii County

Hon. Daniel Ogola Ogembo, Ogembo Court

-Application for striking out petition

-Petition struck out

Ruling delivered on 8.7.13

WAJIR

184

Wajir CMCCs Pet. No. 1 of 2013

Mohamed Dagane Osman

IEBC

Abdi Osman Hassan

County Assembly Ward Representative, Township Ward, Wajir East Constituency, Wajir County

Hon. Linus Kassan, Wajir

-Application to withdraw petition

-Application allowed

Order delivered on 26.8.13


185

Wajir CMCCs Pet. No. 2 of 2013

Musa Ibrahim Dimbil

IEBC

Abdullahi Ali Abdi

County Assembly Ward Representative, Wargadud Ward, Tarbaj Constituency, Wajir County

Hon. Linus Kassan, Wajir

-Application to withdraw petition

-Application allowed

Order delivered on 26.8.13

WEBUYE

186

Webuye CMCC Pet. No. 1 of 2013

Eric Soita Patroba

Martin Wafula Wawire

IEBC

Odul B. Argwings

County Assembly Ward Representative, Sitikho Ward, North Webuye Constituency, Bungoma County

Hon. Stella Abuya, Webuye

-Application for expunging responses from the court records

-Responses expunged with costs

-Leave to file further affidavits granted.

Ruling delivered on 24.5.13

-Application for scrutiny & recount

Ruling delivered on 24.5.13

-Directions for scrutiny & recount of votes by the court

Ruling delivered on 24.5.13

-Application for production of certified copies of principal registers of voters of Sitikho ward used.

-IEBC to supply Petitioner with certified copies of marked registers

Ruling delivered on 24.5.13

- Petition challenging County Assembly election for Sitikho Ward

-Petition dismissed

Judgment delivered on 26.9.13

VIHIGA

187

Vihiga CMCC Pet. No. 1 of 2013

Irene Mwihaki Asikoye

IEBC

Patrick Gatuma

Josphat Munayi Omache

County Assembly Ward Representative, West Bunyore Ward, Emuhaya Constituency, Vihiga County

Hon. Grace Mmasi, Vihiga

-Petition challenging election of County Assembly Ward Representative for West Bunyore Ward.

-Petition dismissed

Judgment delivered on 16.8.13

COUNTY ASSEMBLY RETRIAL AND PARTY LIST PETITIONS AND NEW PETITION FILED IN JANUARY 2014 FOLLOWING THE BY-ELECTIONS HELD ON DECEMBER 2013

No

Election Petition No.

Petitioner(s)

Respondents

Electoral Area

Election Court

Court Proceedings

COUNTY ASSEMBLY RETRIAL

  1.  

Retrial following Nbi HC EP Appeal 2 of 2013

Formerly Nairobi Makadara CM Petition 1 of 2013

William Kinyanyi Onyango

IEBC

The Returning Officer Kariobangi South Uhuru Ward

Robert Mbatia

County Assembly Ward Representative, Uhuru Ward, Embakasi Constituency, Nairobi County

Hon. Letizia Wachira

-Petition challenging the election of the 3rd respondent as the County representative for Kariobangi South (1429), Uhuru Ward.

-Petition dismissed

Judgment delivered on 21.3.14 (L.M Wachira (Mrs), Deputy Registrar)

-An appeal from the judgment and decree of the Resident Magistrate’s Court at Nairobi, Milimani by Hon. L. M. Wachira, PM dated 21st March 2014 & 4th December 2013)

-Election Appeal 3 of 2014 dismissed

-Election Appeal 4 of 2014 struck out

Judgment delivered on 13.8.14 (Majanja J)

PARTY LIST PETITIONS

No

Election Petition No.

Petitioner(s)

Respondents

Electoral Area

Election Court

Court Proceedings

  1.  

Nairobi CMCC Petition No. 11 of 2013

National Vision Party

Sarah Mohamed Ali endorsed

IEBC

Nestehe Bare Elmi

County Assembly Ward Representative, Mandera County

Hon. Eunice Nyutu

-Petition challenging the nomination of the 2nd Respondent to Mandera County Assembly special seats.

-Petition allowed

Judgement delivered on 5th February 2014.

-Being an Appeal from the Judgement of the Chief Magistrate’s Court, Makadara delivered on 5th February, 2014 in Milimani Chief Magistrate’s Court Election Petition Number 11 of 2013, Hon. E K Nyutu, Ag. PM)

-Appeal dismissed

Judgment delivered on 11.8.14 (Odunga J)

  1.  

Nairobi CMCC EP No. 12 of 2013

Narc Kenya & Muhobo Omar Ahmed

IEBC & Fatuma Mohamed.

 

County Assembly Ward Representative, Garissa County

Hon. Clarence Otieno

-Petition challenging the nomination of a person to the County Assembly of Garissa by NARC Kenya Party.

-Petition dismissed, 2nd respondent was validly nominated by Narc Kenya Party.

Judgment delivered on 13.2.14.

-An appeal to set aside judgment delivered on 13.2.14 by Hon Clarence Otieno.

-Appeal allowed

Judgment delivered on 1.8.14 (Ogola, J)

  1.  

Nairobi CMCC EP No. 13 of 2013

 

Dubat Ali Amey 

IEBC, Isaak Hassan, Gedi Adow Abdi, The Hon. Attorney General & Orange Democratic Movement.

County Assembly Ward Representative, Garissa County

Hon. Clarence Otieno

-Petition challenging the nomination of a person to the County Assembly of Garissa by Orange Democratic Party.

Petition dismissed, 3rd respondent was duly and validly nominated as the member of the County Assembly of Garissa by Orange Democratic Party.

Judgment delivered on 3.2.14
  1.  

Eldoret Election Petition No. 1 0f 2013

Christine Tallam

Jennifer Nariamut Koipir

United Republican Party

IEBC

Baringo County Assembly Ward Representative

Hon. Dolphina Kayila Alego

Judgment delivered on 14th February 2014.

Petition dismissed.

-An appeal from judgment of Hon Dolphina Kayila Alego delivered on 14.2.12.

-Appeal dismissed

Judgment delivered on 25.7.14 (Ochieng, J)

  1.  

Kapsabet Election Petition 2 of 2013

Kennedy Kemboi Lei

Singoei Pauline, Sally Lelei, Milka Cheroben Chumba, IEBC, & the Hon. Attorney-General  

Nandi County Assembly Ward Representative

Hon. Beatrice Mosiria

Petition dismissed on 9th October 2013 for want of service and for want of deposit of security for costs.

  1.  

Nanyuki CMCC Petition No.2 of 2013

Alice Wahito Mwangi Ndegwa

Jenniffer Koinante Kitarpei,

IEBC

The National Alliance Party

County Assembly Representative, Laikipia County

 

 

Hon. Vincent Kiptoon

Judgment on 4th December 2013.

The election of the 1st respondent nullified and the petitioner declared duly elected. 2nd Respondent ordered to publish gazette notice declaring the petitioner as duly elected member of the county assembly, Laikipia County.

-Appeal arising from the judgment  of Hon. V. Kiptoon Senior Resident Magistrate, in Nanyuki  Election Petition No. 2 of 2013

- Respondent duly nominated and  therefore discharge the order of stay granted.

Ruling delivered on 9.5.14

(Wakiaga J)

PETITION FILED  FOLLOWING THE BY-ELECTIONS HELD ON DECEMBER 2013

No

Election Petition No.

Petitioner(s)

Respondents

Electoral Area

Election Court

Court Proceedings

  1.  

 

Machakos  CMCC EP No. 1 of  2014

 

Patrick Mutuku Paul

Oliver Nzeki Munyaka

Returning Officer Machakos Town Constituency

IEBC

County Assembly Ward Representative, Mua ward,  Machakos  County

 

Hon. Lester Simiyu

Petition struck out on 6th May 2014 for being filed out of time.