Governor Election Petitions

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
Elijah Koech
Alvin K. Koech

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
Returning Officer Busia County
Fredrick Apopa
Sospeter Odeke Ojaamong

-Petition challenging election of the 3rd Respondent as the Governor Busia County.
-Petition dismissed.Judgment Delivered 12.2.2018


 Court of Appeal

Being 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
Embu County Returning Officer
Martin Nyaga Wambora
David Kariuki

- Clarification of consent order recorded by the court on 27th September 2017 in regard to KIEMS kits and the accessibility of the same.
- Consent order made on 27th September 2017 varied.
Ruling Delivered 16.10.17


-Application striking out of the petition on the ground that
the petitioner committed election offences.
-Application dismissed.RulingDelivered 9.11.2017


-Application seeking for scrutiny and recount of the ballots cast
in the gubernatorial election for Embu County held on 8th August 2017.
-Partial scrutiny of votes limited to a recount and ascertainment of the
number of votes each candidate garnered in some polling stations in Mbeere South Constituency Ruling Delivered 18.1.2018


-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.
-Application partly Allowed. Ruling Delivered 24.1.2018


- 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.
Appeal allowed.Judgment Delivered 17.8.18

 4.

Garissa County

Garissa High Court

ElectionPetition No. 2 of 2017

Nathif Jama Adan

Ali Buno Korane
County Returning Officer
Antony Njoroge Douglas
IEBC

- 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
Joshua Orero

IEBC
Returning Officer, Homabay County
Cyprian Awiti
Hamilton Orata

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
the Court’s orders and application for copies of the proceedings.
-Application partly allowed application for leave to
file application for review disallowed.Ruling Delivered 18.12.2017


- 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 Appeal

Appeal 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.
Appeal and cross-appeal have not merited. Judgment Delivered 19.7.2018.  

 6.

Kajiado County

Kajiado High
Court

Petition
No. 2 of 2017

David K. Ole Nkedianye

Joseph Jama Ole Lenku
Martin Martine Moshisho
IEBC
Saida Noor Odowa
Agnes Siyiato Nankeyai (Returning Officer)

- 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.
-Petition dismissed. Judgment Delivered 25.1.2018

 7.

Kirinyaga County

Kerugoya HighCourt

Election Petition No. 2 of 2017

Hon. Martha Wangari Karua
Hon. Joseph Gachoki Gitari

IEBC
Mr. Seki Lempaka
Hon. Anne Waiguru
Peter Ndambiri

- 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 .
Ruling dated 28th day of September, 2017.


- Application for direct unfettered access to:-
(a) relevant persons & systems of safran
(b) each biometric electronic appliance used in polling station Kirinyaga County
(c) any local server(s) connected to electronic device(s) used to verify voter's identification
(d) any scanning device(s) used to confirm whether Form 37A were captured
-Application to supply Petitioner with certified copies of the original Forms 37A's & 37B's
-Application to grant leave to the Petitioner to file further affidavits in support of the petition.
Application partly allowed Ruling Delivered 23.10.17


- Application by the 3rd & 4th Respondent seeking petition together with the supporting affidavits be struck out.
- Petition struck out with costs to the Respondents Ruling Delivered 15.11.2017.


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.
-Application for recusal/disqualification of a Judge and jurisdiction of the court.Application declined Ruling Delivered 6.4.2018


Election petition challenging gubernatorial election for Kirinyaga County.
Petition dismissed Judgment Delivered 14.6.2018.  

 8.

Kilifi County

Malindi High Court

Election Petition No. 4 of 2017

Samuel Kazungu Kambi

Nelly Ilongo
The County Returning Officer
Kilifi County
IEBC
Kingi Amason Jeffah

- 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 dismissed, costs to abide the outcome of the Petition Ruling1 Delivered 31.10.2017.


- 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 dismissed, costs to abide the outcome of the Petition and to follow the cause Ruling 2 Delivered 31.10.2017.


- Application for staying any further proceedings of the Petition pending the hearing and determination of the Application.
- Application for striking out the entire Petition purporting it was fraudulently filed and/or entered into the register without payment of any or any requisite Court fees.
- Application for reviewing the order of consolidation of Election Petitions 4 & 5/17.
Order of consolidation set aside, Election Petition 5/17 struck out Ruling 3 Delivered 31.10.2017.


- Applications for striking out petition for failure to deposit the security as stipulated in law.
Respondents’ applications and preliminary objection dismissed, Petitioner directed to deposit the requisite security before the close of business on 2nd November, 2017 Ruling 4 Delivered 31.10.2017.


-Application by the 3rd Respondent for the Hon Judge to recuse/ disqualify himself citing biasness.
- Application for recusal dismissed Ruling 5 Delivered 7.11.2017.


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.
- Preliminary Objection dismissed with costs to the Petitioner Ruling 7 Delivered 21.11.2017.


- 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
Court

Election
Petition No. 5 of
2017

William Kahindi Mganga

IEBC
Wafula Chebukati (Returning Officer) Kilifi County
Amason Jeffah Kingi
Gideon Edmund Saburi

- 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 dismissed, costs to abide the outcome of the Petition Ruling 1 Delivered 31.10.2017.


- 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 dismissed, costs to abide the outcome of the Petition and to follow the cause Ruling 2 Delivered 31.10.2017.


- Application for staying any further proceedings of the Petition pending the hearing and determination of the Application.
- Application for striking out the entire Petition purporting it was fraudulently filed and/or entered into the register without payment of any or any requisite Court fees.
- Application for reviewing the order of consolidation of Election Petitions 4 & 5/17.
Order of consolidation set aside, Election Petition 5/17 struck out Ruling 3 Delivered 31.10.2017.


- Applications for striking out petition for failure to deposit the security as stipulated in law.
Respondents’ applications and preliminary objection dismissed, Petitioner directed to deposit the requisite security before the close of business on 2nd November, 2017 Ruling 4 Delivered 31.10.2017.

 10.

Kisii County

Kisii High Court

Election Petition No. 7 of 2017

Justry P. Lumumba Nyaberi

IEBC
Robert Isaac Sidney
Namulungu James
Elvis Omariba Ongwae

-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
No. 3 of 2017

Joel Makori Onsando
Francis Mochoge Omao

IEBC
Robert Isaac Sidney
Namulungu James
Elivis Omariba Ongwae
Joash Arthur Maangi Gongera
Naftal Obwocha Orina

-Application seeking leave to file certificate of digital photographs & adduce more evidence.
- Application that the court do appoint a document examiner tto study & inspect before commencement of petition the authorship of the 3rd respondent's signature and report furnished in court appointing 5th respondent & another as chief agent Kisii county.
-Application partly allowed. Ruling Delivered 10.10.2017


-Issue of mismatching of documents and mismatching markings.
Documents expunged from the court record.Ruling Delivered 22.11.2017


-Application for withdrawing petition.
-Application declined 3rd Petitioners case to proceed.Ruling Delivered 29.11.2017


-Preliminary objection by 3rd Respondent that the
petition as drawn and presented is incompetent and
in breach of the Elections Act and therefore a nullity
and ought to be struck off as being incurably defective.
-Preliminary objection upheld, petition struck out.Ruling Delivered 6.12.2017


-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)
Appeal dismissed.Judgment Delivered 26.7.18

 12.

Kisumu County

Kisumu High
Court

Election
Petition No. 3 of
2017

Jackton Nyanungo Ranguma

IEBC
The County Returning Officer, Kisumu County
Peter Anyang Nyongo

-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.
- Application dismissed Ruling Delivered 16.11.2017.


-Petition challenging election of 3rd Respondent as Governor of
Kisumu County following the general elections held on 8th August 2017.

Petition Dismissed Respondents awarded costs.Judgment Delivered 3.1.2018

 13.

Kitui County

Kitui High
Court

Election
Petition No. 4
of 2017

Dr. Julius Malombe

Charity K. Ngilu
IEBC
Gogo Albert Nguma

- 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.
-Preliminary Objection upheld. Ruling Delivered 5.1.2018


-Application for scrutiny and recount.
Application allowed. Ruling Delivered 19.1.2018


- 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
Court

Election
Petition No. 5 of
2017

Mwamlole Tchappu Mbwano

IEBC
Kwale County Returning Officer
Constituency Returning Officer for Kinango, Lungalunga, Msambweni and Matuga
Presiding Officer and Deputy Presiding Officer Salim, Mvuria Mghala

- 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
-Application to substitute parties.
Application struck out, appeal stands withdrawn.Ruling Delivered 17.5.2018

 15.

Laikipia County

NanyukiHigh
Court

Election
Petition No. 2 of
2017

Samuel Ndungu Waity
David Kimngaror Leman

IEBC
Nderitu Muriithi
John Mwaniki
County Returning Officer Laikipia County

-Application for leave to withdraw himself from the petition as the 2nd
petitioner and have his supporting affidavit from pages 117 – 157 of the
Petition expunged from the court records.
Application allowed as prayed.Ruling Delivered 9.11.2017


- 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.
- Application dismissed Ruling Delivered 22.11.2017


-Petition challenging the gubertorial election
for Laikipia County held on 8th August 2017 where 2nd Respondent was declared a winner.
- Petition dismissed with costs.  Judgment Delivered 31.1.2018

 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
Court

Election
Petition No. 3 of 2017

Timamy Issa Abdalla

IEBC
Adan Ali Mohammed
Fahim Yasin Twaha
Abdulhakim Abud Bwana

-Application for scrutiny and recount of votes cast
in all the 167 polling stations in Lamu County in the election of Governor held on 8th August 2017.
-Limited scrutiny of the votes allowed.Ruling Delivered 2.2.2017


-Petition challenging gubernatorial election for Lamu county where 3rd Respondent was declared a winner.
Petition dismissed.Judgment Delivered 2.3.2018


-Application to transfer Election Petition Appeal to Court of Appeal at Nairobi for hearing and determination.
Application dismissed with costs to abide the outcome of the Appeal. Ruling Delivered 17.5.2018

 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)
-Appeal Partly Allowed.Judgment Delivered 9.8.18

 17.

Machakos County

Machakos High
Court

Election
Petition No. 1 of 2017

Wavinya Ndeti
Peter Mathuki

IEBC
Machakos County Returning Officer
Alfred Nganga Mutua

-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.
-Petition dismissed with costs.Judgment Delivered 9.2.2018

 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
County

Milimani High
Court

Election
Petition No. 1 of 2017

Hassan Noor Hassan

IEBC
Mandera County Returning Officer,
David Maro Ade
Ali Ibrahim Roba
Mohamed Ahmed Arai

- 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.
Petitioner entitled to specific orders set out.

-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
County

Milimani High
Court

Election
Petition No. 2
of 2017(Formerly Nairobi Milimani Election Petition No. 15 of 2017)

Ukur Yattan Kanacho

IEBC
Arnold Mutwiri Njambau, Returning Officer
Ali Mohamud Mohammed

-Application seeking to transfer hearing of the petition from Marsabit High Court to Nairobi or nearby Court.
- Application disallowed, costs to follow the outcome of the main petition.
Ruling Delivered 17.10.17


-Application for access to KIEMS KIT and scrutiny of system.
-Application partly allowed.Ruling Delivered 30.11.2017


-Application to grant leave to the Petitioner to withdraw the Election Petition and substitute petitioners
-Application to refund security for costs and that there be no order as to costs.
-Applications Allowed. Ruling Delivered 23.1.2018


- 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
No. 13 of 2017

George M.O. Ayacko

IEBC
Charles Kiprotich
Mutai, Returning
Officer, Migori
Zacharia Obado

-Application for conservatory order for thepreservation and
safe keeping of the election materials by the 1st and 2nd respondents
used during the general election held on 8/8/2017 for the Migori County
gubernatorial seat,
-Application to give access  and supply to the court and to the petitioner
for scrutiny certified photocopies of all the original Forms 37 A, 37 B,
32 A and 32 prepared and obtained from the polling stations by presiding
officers and used to generate the final tally of the gubernatorial election
for Migori County on 8/8/2017.
-Application for an order for scrutiny and recount of all votes
cast in the 826 polling stations for purposes of establishing the
validity or otherwise  of the votes cast.Ruling Delivered 9.11.2017

 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
Appeal dismissed with costs to the Respondents Judgment Delivered 27.7.18

 21.

Meru County

Meru High
Court

Election
Petition No. 6 of
2017

Peter Gatirau Munya

IEBC
Meru County Government Returning Officer
Kiraitu Murungi

-Application for access to all election materials, Electronic devices, original Form 37As, 37Bs and 37C used in Meru Governor’s election for scrutiny.
-Application dismissed. -Application for leave to file a witness supplementary affidavit and exhibits containing additional, crucial, sensitive and
confidential evidence in a sealed envelope to be deposited
with the Deputy Registrar.
-Application dismissed.Ruling Delivered 4.12.2017


- Application seeking leave to withdraw the petition.

- Leave granted, petition marked as withdrawn. Ruling Delivered 14.12.2017.

 22.

Mombasa
County

Mombasa High
Court

Election
Petition No. 10
of 2017

Hassan Omar Hassan
Linda Maliwa Shuma

IEBC
Nancy Wanjiku Kariuki
Hassan Ali Joho

- 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
Court

Election
Petition No. 23
of 2017

Japhet Muroko
Zacheus Okoth Oliech

IEBC
Joseph Mele Eroo (Returning Officer)
Kioko Mike Sonko Mbuvi Gideon

- Application to be enjoined as an interested party to the petition.
- Application dismissed Ruling Delivered 16.11.2017


-Preliminary Objection - that the petition be struck out
for failure to enjoin the Deputy Governor as a respondent to the proceedings.
-Preliminary objection dismissed.Ruling Delivered 7.12.2017


-Application for production, access and scrutiny of all election materials
and electronic devices used in Nairobi gubernatorial elections.
Application dismissed. Ruling Delivered 18.12.17


-Application for the withdrawal of the petition.
Application allowed, petition struck out for want of prosecution.Ruling Delivered 9.1.2018

 24.

Narok County

Narok High
Court

Election
Petition No. 5 of 2017

James Kingangir Nakola

IEBC
Samuel Ole Tunoi

-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
Court

Election
Petition No. 1 of
2017

Walte rEnock Nyambati
Osebe

IEBC
David Kiprono Towett
John Obiero Nyagarama.

-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
used in the August 8th 2017, elections, and order of recount/scrutiny.
-Application allowed.
Ruling Delivered 4.12.2017


-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
County

Nanyuki High
Court

Election
Petition No. 1 of
2017

Lesrima Simeon Saimanga

IEBC
Returning Officer-Samburu County
Lenolkulal Moses Kasaine

-Application seeking an order for striking
out and expunging from the records of the court respondents responses for want of service within the statutorily prescribed time.
-Application dismissed Ruling no.1 Delivered 22.11.17


- Application by 1st and 2nd respondents
seeking an order for striking out petition
for non-joinder of the Deputy Governor.
-Application dismissed.Ruling no 2 Delivered 22.11.2017


-Application for striking out and expunging from the court records the affidavits of the 
witnesses and striking out the petition for
failure to disclose any election irregularity
or malpractice affecting the result arising from absence of affidavits containing substance of the evidence.
-Application striking out witnesses allowed,
prayer for striking out petition disallowed. Ruling no 3 Delivered 22.11.17


-Application to file additional

supplementary affidavits in further supports of the Petition and that the affidavits are filed outside the stipulated time.
- Application allowed.Ruling no 4 Delivered 22.11.17


-Application for access of all electoral materials,
electronic devices, and original form 37As 37Bs and
37C epared at and obtained from the polling stations
by presiding officers and used to generate the final
tallying of the Governor’s Election.
-Application partly allowed.Ruling 5 Delivered 6.12.2017


-Application for allowing the petitioner to file additional supplementary affidavits to further support the petition out of time.
Application dismissed with costs to the Respondents.Ruling 6 Delivered 10.1.2018


-Application for reviewing court order issued earlier.
Application allowed.Ruling 7 Delivered 16.1.2018


-Preliminary objection on manner in which counsel for the petitioner is questioning DW2.
Preliminary objection upheld.Ruling 8 Delivered 17.1.2018


- Petition challenging election of 3rd Respondent as Governor of Samburu County.

- Petition dismissed. Judgment Delivered 23.2.2018


Court of Appeal

An 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.
Application to have appellant’s Record of Appeal be struck out.
Application allowed, record of Appeal struck out with costs to the 1st, 2nd and 3rd Respondents Ruling Delivered 31.5.2018.  

 27.

Siaya County

Siaya High Court

Election Petition No. 3 of 2017

Nicholas Gumbo

IEBC
Ruth Kulundu
Cornel Rasanga
Amoth
Granton Graham Samboja

-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
County

Voi High Court

Election Petition
No. 1 of 2017

Armstrong Mwandoo Kiwoi

IEBC
Attorney General
County Government of Taita Taveta

-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
Returning Officer, Tana River County
IEBC & Commission for Education (Interested Party)

-Application for striking out petition.
-Application dismissed.Ruling Delivered 1.12.2017.


- Application for striking out petition for non-payment of security for costs.
- Application dismissed. Ruling Delivered 6.12.2017.


-Petitioner challenging Gubernatorial Elections Tana River
County, County No 4, held on 8 August, 2017.
-Petition dismissed.Judgment Delivered 5.1.2018

 30.

Tana River County

Garsen High Court

Election Petition No. 2 of 2017

Tuneiya Hussein Dado

IEBC
Returning Officer, Tana
River County
Dhadho Gaddae Godhana

 -Application for production of  forms 37A, B,C &D, KIEMS devices,
and all electoral materials used in gubernatorial elections for scrutiny and recount.
- Application dismissed.Ruling Delivered 6.12.2017


- 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 &
Alpha Kitazi Kore

IEBC
Bilha Kiptugen
Khaemba Patrick Simiyu
Josephat Nanok

- Application for adjournment of proceedings
- Application allowed, hearing adjourned to 02/11/17 at 8.30am Ruling 2 Delivered 1.11.2017.


-Application for production of forms 37A,B,C,D, Poll Diaries,
Logs from KIEMS KITS, Ballot Papers, Counterfoils of ballot
papers and Number of voters who voted.
Application partly succeeds.Ruling Delivered 7.12.2017

32. 

Turkana County

Lodwar High Court

Election Petition No. 1 of 2017

John Munyes Kiyonga

IEBC
George Oyugi

- Application for reallocation of Election court to a neutral venue for fair trial to take place.
- Application dismissed. Ruling Delivered 2.11.2017.


- 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
Petition No. 3 of 2017

Adow Mohamed Abakar

Mohamed Abdi Mahamed
Gichohi Gatuma Patrick
IEBC

- Application seeking to file further affidavits in support of the petition.
- Application allowed Ruling Delivered 9.10.2017.


- 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
Patrick Gichohi
IEBC

-Application seeking to file further affidavits in support of the petition.
- Application allowed Ruling Delivered 9.10.2017.


- Application for joinder as an interested party in a Election petition.
- Application struck out Ruling Dated 17.10.2017.


- Application for various orders including delivery to court of various election materials and for scrutiny.
- 2nd & 3rd Respondent to supply original Forms 37A’s for scrutiny, marked copy of the register, KIEMS Kit logs in, log outs showing the number of voters who used the thumb print delivery of all the ballot boxes for the gubernatorial election in the affected polling stations Ruling Delivered 10.11.2017.


-Preliminary objection to the witness being questioned on an Affidavit sworn by a witness in a different Petition.
-Preliminary objection dismissed.Ruling Delivered 22.11.17


-Application seeking to review the order for partial scrutiny and recount in several polling stations in Wajir County issued
on 10th November, 2017.
-Application disallowed.Ruling Delivered 24.11.2017


-Petition challenging election of 1st respondent as
Governor for Wajir County following the general election
held on 8th August, 2017.
-Petition allowed. Judgment Delivered 12.01.2018


- 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
Sarah Ogaro
Wilbur Otichilo
Patrick Lumumba

- Application for striking out an alleged defective supporting affidavit,
- Application dismissed
Ruling Delivered 17.10.17


-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