Senator Election Petitions

SENATOR

 

Electoral Area

Election Court

Election Pet. No.

Petitioner(s)

Respondent(s)

 Court proceedings

1.

 

 

Garissa County

 

 

Milimani High Court

ElectionPetition No. 12
of 2017

Justice Rose Ougo

Hussein Issa Abdi and 2 others

 

 

IEBC
Returning Officer, Garissa
County
Haji Yusuf
County Commandant Garissa
County

- Application seeking to amend the plaint to rectify the errors in the Petition and failure to amend the petition will occasionally irreparable harm to the Petitioners.
- Application allowed, amended petition shall be filed within 3 days and served on the Respondent Ruling Delivered 17.10.2017.


-Application by the Petitioner seeking orders that the honorable
Court be pleased to summon and or direct the 1st petitioner to
attend Court and explain his absence and or state his explicit
position with regard to the petition within 3 days.
-Application by the 1st and 2nd Respondents seeking that
the Petition be struck out.
-Application dismissed, 1st, 2nd and 3rd respondent’s
applications not granted. Petitioner’s advocate to produce 2nd and 3rd petitioners in Court within 3 days for the two
to indicate whether they intend to prosecute the petition.Ruling Delivered 20.11.2017

 Court of Appeal

-Appeal from the Decision of the High Court of Kenya at Garissa (R. E. Ougo, J) dated 2nd March, 2018 in Election Petition No. 12 of 2017)
Applications dismissed, record of appeal struck out.Judgment Delivered 27.7.18

2.

 

Homabay

 

Homabay High Court

Election Petition No. 2
of 2017

Justice J. R. Karanja

Rabongo Fred

 

IEBC
County Returning Officer Homa
Bay County
Kajwang Moses Otieno

 

3.

 

Kakamega County

 

Kakamega High Court

Election Petition No.
14 of 2017

Justice Thripsisa
Cherere

Seth Ambusini Panyako

 

IEBC
Returning Officer, Kakamega
County
Cleophas Wakhungu Malalah

 -Application seeking leave for the Petitioner to file supplementary affidavit to the petition.
- Petitioner granted 4 days to file and serve the supplementary affidavit to the petition
and replying affidavits to the 3rd respondent’s application dated 6.10.17.
Ruling Delivered 13.10.2017


- Application for striking out/expunging witnesses affidavits from the Petition

-1st and 2nd respondents Preliminary Objection overruled, affidavits struck out/expunged from the court record. Ruling Delivered 14.11.2017.


- Application for striking out/expunging witnesses affidavits from the Petition.

- Application allowed Ruling Delivered 14.11.2017.


- Application for an order compelling the1st respondent avail for scrutiny and audit of the system and technology used by the 1st respondent in election of the member of the Senate for Kakamega County (KIEMS Kits, the servers, website/portal), avail for scrutiny, recounting and verification, Forms 38 A, 38B and 38C, avail for safe custody all the ballots/ballot boxes
- Prayers 2, 4, 5, 6, 7 and 8 unmerited, disallowed and Prayers 3 allowed Ruling Delivered 14.11.2017.


-Application for striking out petition for non-compliance with Rule 8(1) (c)
and Rule 12 (2) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017
-Petition struck out with costs.Ruling Delivered 20.12.2017

4.

Kilifi County

Malindi High Court

Election Petition No. 6 of 2017

Justice Patrick
Otieno

Jacob Thoya Iha

IEBC
Wafula Chebukati, Returning Officer, National Tallying Centre Kilifi County Returning Officer Stewart Mwachiru Shadrack Madzayo

- Application seeking to strike out petition.
- Petition struck out Ruling Delivered 2.11.2017.

5.

 

Kirinyaga County

 

Kerugoya High Court

Election Petition No. 4 of 2017

Justice Abigail
Mshila

Dickson Daniel Karaba

 

Kibiru Charles Reubenson
Samuel Seky Lepati
IEBC

-Application seeking orders that the 2nd and 3rd respondents produce certified copies of Forms 38A, 38B, 38C, Polling Station Diaries, certified copy of the list of registered voters and all the Secure Digital Memory Cards (SD Cards) for each of the KIEMS kit for the Senatorial election in Kirinyaga County.

- Application allowed Ruling Delivered 6.11.2017.


-Applications for leave to withdraw the petition and to substitute the
petitioners.
-Application for leave to withdraw petition allowed with costs to the 1st, 2nd and 3rd Respondents and application for
substitution of petitioners dismissed with no order as to costs.Ruling Delivered 31.1.2018


Court of Appeal

-Appeal from the Rulings of the High Court of Kenya at Kerugoya (Mshila, J.) dated 31st January, 2018 and 15th December, 2017 in Election Petition No. 4 of 2017.
-Appeals dismissed with costs to the 1st, 2nd & 3rd Respondents Judgment Delivered 11.7.2018.  

6.

 

Kirinyaga County

 

Kerugoya High Court

Election Petition No. 3
of 2017

Justice Abigail
Mshila

James Karimi Karubiu

 

IEBC
Samuel Lepati Seki
Charles Reubenson Kibiru
(Interested Party)

- Application for petition to be struck out and/or dismissed with costs for want of compliance with mandatory statutory requirements on presentation of electoral disputes.
- Petition dismissed for want of compliance with the law Ruling Delivered 3.11.17.


Court of Appeal

-Appeal from the Rulings of the High Court of Kenya at Kerugoya (Mshila, J.) dated 31st January, 2018 and 15th December, 2017 in Election Petition No. 4 of 2017.

- Appeals dismissed with costs to the 1st, 2nd & 3rd Respondents Judgment Delivered 11.7.2018.

7.

 

Kisii County

 

Kisii High Court

Election Petition No. 1
of 2017

Justice Winfred
Okwany

Charles Obera Orito
George Ogaki Pius

IEBC
Robert Isaac Sidney Namulungu
Samson Ongeri Kegengo

- Application for enhancement of security deposit from Ksh 500,000/= to Ksh 4,000,000/=
- Application dismissed.
Ruling Delivered 19.10.17


-Petition challenging election of the 3rd Respondent as the
Senator Kisii County.
-Petition dismissed.Judgment Delivered 5.2.2018

8.

 

 

Lamu County

 

 

Malindi High Court

Election Petition No. 8 of 2017

Justice Asenath
Ongeri

Albeity Hassan Abdalla

 

 

IEBC
Mohammed Adan Ali
Anuar Loitiptip
Wiper Democratic Movement
Party

 - Application seeking leave to file additional evidence in support of the petition, production to court election materials, items and information in it’s custody 1st Respondent and order of scrutiny and recount of votes in all polling stations in Lamu County in respect of the senator of Lamu County held on 8/8/2017.
- Applications declined Ruling Delivered 3.11.2017.


 -Application for scrutiny and recount Dismissed Ruling Dated 15.12.2017

-Petition challenging election of 3rd Respondent as Senator Lamu County.
Petition dismissed each party to bear its own costs.Judgment Delivered 9.2.2018


Court of Appeal

-(Being an appeal from the Judgment and Decree of the High Court of Kenya at Malindi (Ongeri, J.) delivered on 9th February, 2018 in Malindi Election Petition No. 8 of 2017.)

- Appeal allowed. Judgment Delivered 12.7.2018.  

9.

Machakos County

Machakos High Court

Election Petition No. 4 of 2017

Justice David
Kemei

Kala Jackson

IEBC
Kabaka Boniface

 -Application for production of additional evidence in the form
of affidavits, gazette Notices by the Independent Electoral and
Boundaries Commission.
-Access to all electoral materials and order for scrutiny and recount.
-Application partly allowed by consent. Application dismissed. Ruling Delivered 14.11.2017


-Petition challenging election of 2nd respondent as
Senator Machakos County.
-Petition dismissed, costs to Respondents.Judgment Delivered 2.2.2018

10.

 

Mandera County

 

Milimani High Court

Election Petition No. 6
of 2017

Justice Francis
Tuiyott

Hassan Asden Osman

 

IEBC
Returning Officer Mandera
County
Mohamed Maalim Mohamud

-An application for an order for preservation and safekeeping of all the Kenya Integrated Electoral System Kits (KIEMS) used for the Polling Stations and Tallying Centers with respect to the Senatorial Election for Mandera County held on 8th August 2017 within Mandera North Constituency.
Application partially succeeds and also partially fails, each party shall bear its own costs Ruling Delivered 16.10.2017.


-Application for examination, verification and
scrutiny of the Secure Digital Memory Cards (SD Cards)
for each of the KIEMS Kit use in the Senatorial Election
in Mandera North Constituency.
Application partly allowed. Ruling Delivered 15.12.2017

11.

 

Meru County

 

Meru High Court

Election Petition No. 5
of 2017

Justice Anne
Ongijo

Milton Mugambi Imanyara

 

IEBC
Meru County Returning Officer
Franklin Mithika Linturi

 - Application for furnishing of further and better particulars in pursuit of
Rule 15(1) (e) of Elections (Parliamentary and County Elections) Petitions 2017
and application for adducing further evidence in pursuit of Rule 15(1) (h)
Ruling Delivered 11.10.17


- Application for access to biometric electronic
 appliance, Electronic devices, and scanning devices
used at each voting/polling location, Constituency
Tallying Centres and The National Tallying Centre
for purpose of scrutiny.

- Access to original forms 38As, 38 Bs and 38 C.
Prayer for access to forms 38As, 38 Bs and 38 C allowed,
application dated 8th September 2017 Dismissed.Ruling Delivered 9.11.2017


-Application for seeking that the 1st and/ or 2nd Respondents
 furnish the Petitioner with the full Self Declaration Form,
academic papers and nomination papers submitted by the 3rd Respondent
as required by lawyer in respect of the elections held on 8th August 2017.
Application partly allowed
-Application by Petitioner to summon persons specified in the
Petitioner’s affidavit, application disallowed. Ruling Delivered 22.11.2017


-Directions Ruling Delivered 15.12.2017


-Application for scrutiny of election materials used in
the impugned Senatorial Elections for Meru Country held on 8.8.2017.
-Application for scrutiny allowed partially and limited. Ruling Delivered 11.01.2018


-Application by Respondents challenging orders issued by the court on 11.1.2018

-order requiring the County Returning Officer and Constituency Returning Officers under the supervision of the Deputy Registrar to establish from which polling station, the partly burnt ballot paper emanated and how it got out of a sealed ballot box from where it ought to have been preserved. 

-IEBC to provide device to establish whether the partly burnt ballot paper is authentic and the issue of awarding costs.

-Applications by the Respondents for review of the courts orders dismissed with costs to petitioner. Ruling Delivered 17.1.2018


- Application for leave to withdraw the Petition.

- Application allowed. Ruling Delivered 20.2.2018

12.

 

Narok County

 

Narok High Court

Election Petition No. 3
of 2017

Justice Christine
Meoli

Nkoidila Ole Lankas
Albert Kiplagat

IEBC
Nduku Kimeu Anastasia
Ledama Olekina

- Application for scrutiny to copy of the Register of voters, all original Forms 38A, 38B and 38C,Vote Tally Sheets.
- Scrutiny allowed, limited to the examination of results. Ruling Delivered 30.1.2018


Directions on ongoing scrutiny Delivered 6.2.2018.


Petition challenging election of 3rd Respondent as the Senator Narok County.

Petition dismissed with costs Judgment Delivered 1.3.2018

13.

 

 

Trans Nzoia

County

 

Kitale High Court

Election Petition No. 2 of 2017

Justice George Kimondo

Henry Ndiema

 

 

IEBC

Bilha Kiptugen

Michael Malinga Mbito

 -Application for an order for scrutiny or access to election
materials, equipment and statutory form by the Petitioner.
-Application for striking out petition, supplementary affidavits
 and offending paragraphs by the 3rd Respondent.
-Applications partly allowed.Ruling Delivered 30.11.2017


-Petition challenging election of the 3rd Respondent as senator Transnzoia County

-Petition Dismissed, 3rd Respondent was validly elected as the Senator for Trans Nzoia County. Judgment Delivered 28.2.2018

14.

 

Wajir County

 

Milimani High Court


Election Petition No. 13 of 2017

&

ElectionPetition No. 16 of 2017

(Consolidated)

Justice Richard Mwongo

Abdirahman Adan
Abdikadir

IEBC
County Returning Officer
Abdulahi Ibrahim Ali

 -Application seeking for preservation of election materials.
-Application for request for KIEMS kit, SD Cards containing the KIEMS information.
Application allowed.Ruling Delivered 9.11.2017


-Application by 1st and 2nd respondents to seek leave to file additional witness affidavits.
Application allowed. Ruling Delivered 9.11.2017


- Petitions challenging election of 3rd Respondent as a Senator Wajir County.
- Petitions dismissed. Judgment Delivered 31.1.2018


Court of Appeal

-          Appeal from the judgment of the High Court of Kenya at Nairobi (Mwongo, PJ.) dated 31st January, 2018 in Election Petition Nos. 13 & 16 of 2017)

-          Application to be enjoined as an interested party allowed. Ruling Dated 11.5.2018

15.

 

Wajir County

 

Milimani High Court

Adow Mohamed Abikar

 

Abdulahi Ibrahim Ali

Gichohi Gatuma Patrick

IEBC