GOVERNOR | |||||||||
No | Electoral Area | Election Court | Election Pet. No. | Petitioner(s) | Respondent(s) | Court proceedings | |||
1. | Bomet County | Kericho High Court | Election Petition No. 1 of 2017 | Kiplagat Richard Sigei | IEBC Joyce Cherono Laboso | - Application for striking out petition for want of proper service upon the 2nd Respondent/Applicant and failure to deposit security costs. - Application allowed, petition dismissed with costs to the Respondents. Ruling Deliver 7.12.2017 | |||
2. | Busia County | Busia High Court | Election Petition No. 4 of 2017 | Peter Odima Khasamule | IEBC | -Petition challenging election of the 3rd Respondent as the Governor Busia County. Court of AppealBeing Notice to show cause why the Notice of Appeal should not be struck out under Section 85 A (1) (a) of the Election Act and Rule 83 of the Court of Appeal Rules in ELECTION PETITION CIVIL APPEAL NO. 4 OF 2018.Notice of Appeal struck out under Rule 84 of the Court of Appeal Rules as read with Rule 4(2) of the Court of Appeal Election Petition Rules, 2017.Order dated 21.6.18 | |||
3. | Embu County | Embu High Court | Election Petition No. 1 of 2017 | Lenny Maxwell Kivuti | IEBC | - Clarification of consent order recorded by the court on 27th September 2017 in regard to KIEMS kits and the accessibility of the same. -Application striking out of the petition on the ground that -Application seeking for scrutiny and recount of the ballots cast -Application for scrutiny limited to the re-tallying of all Forms 37A and 37B in respect of all the polling stations within Embu County used during the election and a scrutiny of Forms 37B for the four constituencies as against all Forms 37A for the 710 polling stations. - Petition challenging the declaration of 3rd Respondent as the Governor of Embu County in the general elections conducted on 8th August 2017. - Petition allowed fresh gubernatorial election to be held for Embu County. Judgment Delivered 22.2.2018 Court of Appeal- Being an appeal from the Judgment and Decree of the High Court of Kenya at Embu, (Musyoka, J.) dated and delivered on 22nd February 2018 in Election Petition No. 1 of 2017. | |||
4. | Garissa County | Garissa High Court | ElectionPetition No. 2 of 2017 | Nathif Jama Adan | Ali Buno Korane | - Application for withdrawing a petition and substituting of a petitioner. - Application for withdrawal allowed for want of prosecution, application for substitution denied. Ruling Delivered 2.2.2018 | |||
5. | Homabay County | Homabay High Court | ElectionPetition No. 1 of 2017 | Joseph Oyugi Magwanga | IEBC | Application on jurisdiction of the court to hear an election petition before gazzettement Ruling dated 18.09.2017. -Applications seeking orders for scrutiny, audit of the electoral returns including Forms 37A, 37B and 37C as well as the Kenya Integrated Electoral Management System (KIEMS) Kit, sampling and recount of votes in the specified polling stations and an order that the third and fourth Respondents were not validly elected. Application dated 6th September 2017 partly allowed, application dated 5th October 2017 dismissed with costs to the Respondent Ruling Delivered 7.11.2017. -Application for leave to file an application for review of - Petition challenging election of 3rd Respondent as the Governor of Homabay County - Petition allowed, fresh gubernatorial election for the County of Homa-Bay be held. Judgment delivered 20.2.2018. Court of AppealAppeal from the judgment of the High Court of Kenya at Homa Bay, (Karanja, J.) dated 20th February, 2018 in High Court Election Petition No. 1 Of 2017 Order dated 19.6.18 Appeal from the judgment of the High Court of Kenya at Homa-Bay, (Karanja J.) dated 20th February 2018 in Election Petition 1 of 2017. | |||
6. | Kajiado County | Kajiado High | Petition | David K. Ole Nkedianye | Joseph Jama Ole Lenku | - Applications for the petitioner to withdraw from being petitioner and the one for substitution by the intended petitioners (applicants) herein to take over as petitioners. Applications allowed Ruling Delivered 6.11.2017. -Petition challenging election of Governor Kajiado County. | |||
7. | Kirinyaga County | Kerugoya HighCourt | Election Petition No. 2 of 2017 | Hon. Martha Wangari Karua | IEBC | - Application for certification of petition as urgent and raising substantial questions of law of immence public interest and to refer the petition to the CJ for appointment of an even number of judges pursuant to artcle 165( 4) of the constitution dismissed . - Application for direct unfettered access to:- - Application by the 3rd & 4th Respondent seeking petition together with the supporting affidavits be struck out. Court of Appeal at Nairobi - Being an appeal from the whole of the ruling and order of the High Court of Kenya at Kerugoya (L. W. Gitari, J.) dated 15th November 2017. - Appeal allowed. Judgment Delivered 2.3.2018 High Court at Kerugoya - Oral application for recusal. - Applicant to file formal application. Ruling Delivered 7.3.2018 -Ruling arising from a Court of Appeal Ruling delivered on 2nd March, 2018. Election petition challenging gubernatorial election for Kirinyaga County. | |||
8. | Kilifi County | Malindi High Court | Election Petition No. 4 of 2017 | Samuel Kazungu Kambi | Nelly Ilongo | - Application for striking out and/or dismissing petition for failure to disclose the particulars of the election being challenged and failure to include Deputy Governor as the Respondent. - Application for expunging affidavits filed in support of petition from the record, petition be struck out or dismissed for want of compliance with the mandatory provisions of Rule 12 of the Election Petitions Rules 2017. - Application for staying any further proceedings of the Petition pending the hearing and determination of the Application. - Applications for striking out petition for failure to deposit the security as stipulated in law. -Application by the 3rd Respondent for the Hon Judge to recuse/ disqualify himself citing biasness. Reasons for the decision on the oral application argued n 10th November, 2017 on production of the annexures to the supporting affidavit by the Petitioner Ruling 6 Delivered 21.11.2017. - Preliminary objection by 3rd Respondent that he filed and served a Notice of Appeal dated 6th November, 2017 against the Ruling No. 1 and 4 dated 31st October, 2017. - Petition challenging gubernatorial election in Kilifi County held on 8th August 2017 where 3rd Respondent was declared a winner. - Petition dismissed, 3rd Respondent was validly elected as the Governor of Kilifi County. Judgment Delivered 21.2.2018 | |||
9. | Kilifi County | Malindi High | Election | William Kahindi Mganga | IEBC | - Application for striking out and/or dismissing petition for failure to disclose the particulars of the election being challenged and failure to include Deputy Governor as the Respondent. - Application for expunging affidavits filed in support of petition from the record, petition be struck out or dismissed for want of compliance with the mandatory provisions of Rule 12 of the Election Petitions Rules 2017. - Application for staying any further proceedings of the Petition pending the hearing and determination of the Application. - Applications for striking out petition for failure to deposit the security as stipulated in law. | |||
10. | Kisii County | Kisii High Court | Election Petition No. 7 of 2017 | Justry P. Lumumba Nyaberi | IEBC | -Application for recusal of a Judge from hearing and determining of the petition. -Application dismissed. Ruling Delivered 19.10.17 | |||
11. | Kisii County | Kisii High Court | Election Petition | Joel Makori Onsando | IEBC | -Application seeking leave to file certificate of digital photographs & adduce more evidence. -Issue of mismatching of documents and mismatching markings. -Application for withdrawing petition. -Preliminary objection by 3rd Respondent that the -Application for audit and scrutiny of all the declared number of registered voters through examination of Forms 37C, Forms 37B, Form 38C, Forms 35B and Form 34B that were issued by the 1st Respondent & Application for audit and scrutiny of all the statutory forms that declared the results in forms 35B, 37C, 38C and 39C that were issued by the 1st Respondent in the election. -Application Partly Allowed. Ruling Delivered 16.1.2018 -Petition Challenging Election of 3rd Respondent as Governor Kisii County -Petition Dismissed with Costs. Judgment Delivered 27.2.2018 Court of Appeal-(Appeal from the judgment and decree of the High Court at Kisii (Omondi, J.) dated 27th February 2018 in EP. No. 3 of 2017) | |||
12. | Kisumu County | Kisumu High | Election | Jackton Nyanungo Ranguma | IEBC | -Application by petitioner to access all the information of the SD Cards for all polling stations within Kisumu County. -Application allowed, read only access Ruling Delivered 07.11.2017. - Application for court orders for the audit and scrutiny of all the election materials used and unused that were issued by/to the Independent Electoral and Boundaries Commission (IEBC) in the election of the Governor of Kisumu County in the elections held on 8th August 2017 and for a recount and re-tallying of all the votes cast in the gubernatorial elections for the Kisumu County. -Petition challenging election of 3rd Respondent as Governor of Petition Dismissed Respondents awarded costs.Judgment Delivered 3.1.2018 | |||
13. | Kitui County | Kitui High | Election | Dr. Julius Malombe | Charity K. Ngilu | - Application seeking to be enjoined in the Petition as an Interested Party. Applicant’s notice of motion dismissed with costs to the Petitioner and Respondents.Ruling Delivered 16.11.2017. - Oral application by the Petitioner pursuant to the provisions of section 80 of the Elections Act for the Court to summon the OCPD (Officer Commanding Police Division) of Kitui to produce the Elections Offences Case No 3 of 2017. Application dismissed costs of the application to abide the outcome of the Petition. Ruling Delivered 16.11.2017. - Applications challenging the election of the 1st Respondent as the Governor of Kitui County in the general elections held by the 2nd Respondent on 8th August 2017. Directions - ruling on the Petitioner’s two applications deferred to a date to be set after the close of the Petitioner’s case. Ruling Delivered 16.11.2017. -Preliminary objection to the production of the photograph annexed to the affidavit. -Application for scrutiny and recount. - Petition challenging election of 1st Respondent as Governor for Kitui County. - Petition Dismissed. 1st Respondent was validly elected as Governor for Kitui County. Judgment Delivered 2.3.2018. | |||
14. | Kwale County | Mombasa High | Election | Mwamlole Tchappu Mbwano | IEBC | - Preliminary Objection forfailure to enjoin the Deputy Governor within twenty eight (28) days of declaration/publication of results renders the whole Petition incompetent and a violation of the Deputy Governor’s rights to fair hearing under Article 50 of the Constitution and failure to plead the date of declaration of the election. Preliminary Objection upheld. Petition struck out costs to the Respondents Ruling Delivered 16.11.2017. -An appeal from the Ruling of the Election Court at Mombasa (Thande, J.) dated 16th November, 2017 in Election Petition No. 5 of 2017 | |||
15. | Laikipia County | NanyukiHigh | Election | Samuel Ndungu Waity | IEBC | -Application for leave to withdraw himself from the petition as the 2nd - Application for securing, preserve and production all election materials which include electronic data, devices, Forms 37 and polling day diaries used on 8th August 2017 in Laikipia County. - Application allowed Ruling Delivered 20.11.2017. - Application to be enjoined as an interested party in the petition. -Petition challenging the gubertorial election Court of Appeal-Appeal from the judgment of the High Court of Kenya at Nanyuki (Kasango, J.) dated 31st January, 2018 in High Court Election Petition No. 2 of 2017 Appeal dismissed.Judgment Delivered 31.7.18 | |||
16. | Lamu County | Malindi High | Election | Timamy Issa Abdalla | IEBC | -Application for scrutiny and recount of votes cast -Petition challenging gubernatorial election for Lamu county where 3rd Respondent was declared a winner. -Application to transfer Election Petition Appeal to Court of Appeal at Nairobi for hearing and determination. Court of Appeal- An appeal from the Judgment of the High Court of Kenya at Malindi (Chepkwony, J.) dated 2nd March, 2018 in Election Petition No. 3 of 2017) | |||
17. | Machakos County | Machakos High | Election | Wavinya Ndeti | IEBC | -3rd respondent’s application seeking striking out of the petition for non compliance.Application dismissed.Ruling Delivered 10.11.2017 -Application for staying proceedings to await the resolution of the matter before the Court of Appeal. Application disallowed. Ruling Delivered 24.11.2017 - Application for expunging witness affidavits annexed to the 1st Petitioner’s supporting affidavit from the court record. - Application dismissed, witness affidavits properly on record. Ruling Delivered 14.12.2017. -Petition challenging election of 3rd Respondent as governor for Machakos County. Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice A.O.Muchelule).Appeal Allowed.Judgment Delivered 8.6.2018 | |||
18. | Mandera | Milimani High | Election | Hassan Noor Hassan | IEBC | - Application for disqualifying of the witnesses and expunging their affidavits for sitting in the court through the testimonies of the petitioner’s witnesses. - Application disallowed Ruling 2 Delivered 1.11.2017. -Application for Scrutiny and Recount of the votes cast in Mandera North Constituency. -Application to expunge video evidence from the court records. -videos and transcripts are not admissible in evidence Ruling Delivered 1.11.2017 -Processes of scrutiny shall largely involve the KIEMS kit or other materials as indicated Ruling 4 Delivered 21.11.2017. -Petition Challenging election of 3rd Respondent as Governor Mandera county. -Petition Dismissed 3rd and 4th Respondents were validly elected as the Governor and the Deputy Governor of Mandera County. Judgment Delivered 28.2.2018. | |||
19. | Marsabit | Milimani High | Election | Ukur Yattan Kanacho | IEBC | -Application seeking to transfer hearing of the petition from Marsabit High Court to Nairobi or nearby Court. -Application for access to KIEMS KIT and scrutiny of system. -Application to grant leave to the Petitioner to withdraw the Election Petition and substitute petitioners - Petition challenging gubernatorial election of Marsabit County where the 3rd Respondent was declared a winner. - Petition dismissed, costs to the Respondents. Judgment Delivered 19.2.2018. | |||
20. | Migori County | Kisii High Court | Election Petition | George M.O. Ayacko | IEBC | -Application for conservatory order for thepreservation and Court of Appeal- (Being an appeal from the Judgment and Decree of the High Court of Kenya at Migori (Chemitei, J) dated 27th February, 2018 in Election Petition No. 13 Of 2017 | |||
21. | Meru County | Meru High | Election | Peter Gatirau Munya | IEBC | -Application for access to all election materials, Electronic devices, original Form 37As, 37Bs and 37C used in Meru Governor’s election for scrutiny. - Application seeking leave to withdraw the petition. - Leave granted, petition marked as withdrawn. Ruling Delivered 14.12.2017. | |||
22. | Mombasa | Mombasa High | Election | Hassan Omar Hassan | IEBC | - Application by 3rd Respondent/Applicant for the petition to be struck out, and or, alternatively, be dismissed. Application dismissedRuling Delivered 24.10.2017. -Application for scrutiny and recount of votes in all Polling Stations in Mombasa County in respect of the election of the Governor of Mombasa County held on 8th August, 2017 and alternative order for Scrutiny and recount of the specified Polling Stations. Application declined Ruling Delivered 16.11.2017. -Application on recusal of the judge for being biased -Application Dismissed. Ruling Delivered 19.1.2018 - Petition challenging election of 3rd Respondent as the Governor of Mombasa County. - Petition dismissed with costs to the Respondents. Judgment Delivered 22.2.2018 | |||
23. | Nairobi County | Milimani High | Election | Japhet Muroko | IEBC | - Application to be enjoined as an interested party to the petition. -Preliminary Objection - that the petition be struck out -Application for production, access and scrutiny of all election materials -Application for the withdrawal of the petition. | |||
24. | Narok County | Narok High | Election | James Kingangir Nakola | IEBC | -Application to withdraw election petition against the respondents -Application allowed, petition withdrawn no order as to costs. Ruling Delivered 11.10.17 | |||
25. | Nyamira County | Nyamira High | Election | Walte rEnock Nyambati | IEBC | -Application by 1st Intended Interested party and the 2nd Intended Interested Party seeking to be granted leave to be enjoined as an Interested Parties in the petition and upon leave being granted each of the Intended Interested Party be at Liberty to file any necessary response and/or documents in this petition and lastly costs be provided for. Intended interested parties applications dismissed, costs to the 1st, 2nd and 3rd Respondents against the Intended Interested Parties.Ruling Delivered 30.10.2017 -Application for preservation of all the election materials -Petiton Challenging election of 3rd Respondent as Governor Nyamira County -Petition Dismissed.3rd Respondent was validly elected as the Governor Nyamira County. Judgment Delivered 28.2.2018. Court of Appeal-Appeal from the Judgment of the High Court of Kenya at Nyamira (Makau, J) dated 28th February, 2018 in ELECTION PETITION NO. 1 OF 2017 - Appeal dismissed with costs to the Respondents. Judgment Delivered 26.7.2018. | |||
26. | Samburu | Nanyuki High | Election | Lesrima Simeon Saimanga | IEBC | -Application seeking an order for striking - Application by 1st and 2nd respondents -Application for striking out and expunging from the court records the affidavits of the -Application to file additional supplementary affidavits in further supports of the Petition and that the affidavits are filed outside the stipulated time. -Application for access of all electoral materials, -Application for allowing the petitioner to file additional supplementary affidavits to further support the petition out of time. -Application for reviewing court order issued earlier. -Preliminary objection on manner in which counsel for the petitioner is questioning DW2. - Petition challenging election of 3rd Respondent as Governor of Samburu County. - Petition dismissed. Judgment Delivered 23.2.2018 Court of AppealAn Appeal from the decision of the High Court of Kenya at Nyahururu, (Wendoh, J.) dated 23rd February, 2018 In ELECTION PETITION NO. 1 OF 2017. | |||
27. | Siaya County | Siaya High Court | Election Petition No. 3 of 2017 | Nicholas Gumbo | IEBC | -Petition challenging election of the 3rd Respondent as Governor Siaya County -Petition dismissed, 3rd Respondent was validly elected as the Governor Siaya County Judgment Delivered 26.2.2018. | |||
28. | Taita Taveta | Voi High Court | Election Petition | Armstrong Mwandoo Kiwoi | IEBC | -Preliminary objection – jurisdiction of the election court to investigate and authenticate academic qualifications of the 1st Respondent in the Gubernatorial race. -Preliminary objection - that application by the 1stPetitioner is spent and was overcome by time and circumstances as the 1st Respondent has already been sworn in as the Governor of Taita Taveta County. -Preliminary objections allowed, petition dismissed. Ruling Delivered 15.1.2018 | |||
29. | Tana River County | Garsen High Court | Election Petition No. 1 of 2017 | Mohamed Dado Hatu | Dhadho Gaddae Godhana | -Application for striking out petition. - Application for striking out petition for non-payment of security for costs. -Petitioner challenging Gubernatorial Elections Tana River | |||
30. | Tana River County | Garsen High Court | Election Petition No. 2 of 2017 | Tuneiya Hussein Dado | IEBC | -Application for production of forms 37A, B,C &D, KIEMS devices, - Petition challenging gubernatorial election Tana River County held on 8/8/2017. - Petition dismissed with costs to Respondents Judgment Delivered 26.1.2018 | |||
31. | Trans Nzoia County | Kitale High Court | Election Petition No. 1 of 2017 | Robinson Mwanga & | IEBC | - Application for adjournment of proceedings -Application for production of forms 37A,B,C,D, Poll Diaries, | |||
32. | Turkana County | Lodwar High Court | Election Petition No. 1 of 2017 | John Munyes Kiyonga | IEBC | - Application for reallocation of Election court to a neutral venue for fair trial to take place. - Application for dismissing and/or striking out petition. - Application dismissed. Ruling Delivered 2.11.2017 Petition challenging election of 1st Respondent as the Governor for Turkana County. Petition dismissed. Judgment Delivered 27.2.2018 | |||
33. | Wajir County | Garissa High Court | Election | Adow Mohamed Abakar | Mohamed Abdi Mahamed | - Application seeking to file further affidavits in support of the petition. - Application for leave to withdraw the petition. - Application allowed with costs of the Petition capped at KShs.600,000/= Ruling Delivered 17.11.2017. | |||
34. | Wajir County | Milimani High Court | Election Petition No. 14 of 2017 | AAhmed Muhumid Abdi | Mohamed Abdi Mahamud | -Application seeking to file further affidavits in support of the petition. - Application for joinder as an interested party in a Election petition. - Application for various orders including delivery to court of various election materials and for scrutiny. -Preliminary objection to the witness being questioned on an Affidavit sworn by a witness in a different Petition. -Application seeking to review the order for partial scrutiny and recount in several polling stations in Wajir County issued -Petition challenging election of 1st respondent as - Appeal from the judgment & decree of the High Court of Kenya at Nairobi (Mabeya, J.) dated 12th January 2018 in Election Petition No. 14 of 2017. - Appeal dismissed with costs to the 1st and 2nd Respondents and Cross appeal also dismissed but with no order as to costs. Judgment Delivered 20.04.2018 - Appeal from the Judgment and decree of the Court of Appeal at Nairobi by Hon. Justice Phillip Waki, Hon. Justice Patrick Kiage and Hon. Justice Makhandia dated 20 April 2018. - ORDER - The status quo on the occupancy of the Governor’s office. Shall not be disturbed pending the hearing and determination of the matter pending before the Supreme Court. Order Delivered 3.05.2018 | |||
35. | Vihiga County | Kakamega High Court | Election Petition No. 11 of 2017 | Hamza Musuri | IEBC | - Application for striking out an alleged defective supporting affidavit, -Petition challenging the gubernatorial elections held on the 8th day of August, 2017 in Vihiga County where 3rd Respondent was declared winner by the 2nd Respondent. -Petition dismissed. Ruling Delivered 18.12.2017 | |||
