MEMBER OF NATIONAL ASSEMBLY | ||||||
BARINGO COUNTY | ||||||
Electoral Area | Election Court & Election Pet. No. | Petitioner(s) | Respondent(s) | Judge | ||
1. | Eldama Ravine | Kabarnet High Court ElectionPetition No. 1 of 2017 | Musa Cherutich Sirma | IEBC Returning Officer, Eldama Ravine Constituency Moses Lessonet | Justice Edward Muriithi | - Notice of motion before pre-trial conference. -Application seeking to amend the Petition and to introduce supplementary affidavits by experts. -Application for leave to introduce more witnesses - Petition challenging election of 3rd Respondent as a Member of the National Assembly for Eldama Ravine Constituency. |
2. | Baringo North | Kabarnet High Court ElectionPetition No. 2 of 2017 | Joseph Makilap Kipkoros | IEBC Joseph Leboo Masindet William Cheptumo Kipkiror | Justice Edward Muriithi | - Petition challenging legality of all Forms 35As used in all the polling stations across the Baringo North Constituency. -Application for contempt for failure to supply Forms 33 and Form 41. - Petition challenging election of 3rd Respondent as a Member of National Assembly Baringo North Constituency. |
BUNGOMA | ||||||
3. | Kabuchai Constituency | Bungoma High Court ElectionPetition No.1 of 2017 | Edward Tale Nabangi | James Lusweti Mukwe IEBC Benson Esusa Lumwagi | Justice Abida Ali-Aroni | -Application for scrutiny or recount of the votes cast or the election materials during election held on 8th August 2017. Court of Appeal-Appeal against the Judgment, Decree and Orders of the High Court of Kenya at Bungoma (Hon. Lady Justice Abida Aroni) delivered on 28th February, 2018 in H.C. Election Petition No. 1 OF 2017) -Appeal allowed.Judgment Delivered 26.7.18 Supreme CourtBeing an application for stay of execution against the Judgment and Decree of the Court of Appeal (Hon. E. M. Githinji, H.M. Okwengu & J. Mohammed JJA) delivered on 26th July 2018 pending the inter-partes hearing and final determination of the application and petition appeal. |
4. | Kimilili Constituency | Bungoma High Court ElectionPetition No.2 of 2017 | Suleiman Kasuti Murunga | IEBC. Moses Munyesi Returning Officer Kimilili Constituency Didmas Wekesa Barasa alias Didmas Mutua | Justice Anthony Mrima | -Petition challenging election of the 3rd Respondent as Member of National Assembly for Kimilili Constituency. |
5. | Sirisia Constituency | Bungoma High Court ElectionPetition No.4 of 2017 | Levi Simiyu Makali | Koyi John Walukhe Kennedy Ochanyo IEBC | Justice Anthony Mrima | - Application for order of scrutiny. - Petition challenging election of 1st Respondent as Member of Natonal Assembly Elections for Sirisia Constituency, Bungoma County. |
6. | Webuye West Constituency | Bungoma High Court Election Petition No.3 of 2017 | Sitati Peter Juma | Sitati Daniel Wanyama. Cyril Esurumait Etyang. IEBC | Justice Abida Ali- Aroni | - Application for scrutiny and recount of votes |
BUSIA | ||||||
7. | Budalangi Constituency | Busia High Court ElectionPetition No.3 of 2017 | Mercy Achieng Mola John Ndagwa | Raphael Bitta Sauti Wanjala IEBC Returning OfficerBudalangi Constituency | Justice Waweru Kiarie | -Application seeking order for scrutiny, recount, preservation and storage of all ballot boxes, votes, register and other electronic paraphernalia and electronic devices used in respect of votes received on 8th August 2017 by all candidates for the member of the National Assembly Budalangi constituency. Partial scrutiny of votes allowed, Petitioners to add an extra seal to the ballot boxes in the presence of the other parties Ruling Delivered 6.11.2017. - Petition challenging election of 1st Respondent as Member of National Assembly for Budalangi Constituency. |
8. | Teso North Constituency | Busia High Court ElectionPetition No.2 of 2017 | Hon. Odera Arthur Papa | Oku Edward Kaunya IEBC Julian Gomity | Justice David Majanja | -Application seeking an order to strike out the petition Application by the Petitioner that court to order -Application for recount and scrutiny for all election -Petition challenging election of the 1st Respondent as Member of National Assembly for Teso North Constituency. |
9. | Teso South Constituency | Busia High Court ElectionPetition No.1 of 2017 | Hon. Mary Emaase Otucho | Hon. Geoffrey Omuse IEBC | Justice Kiarie Waweru Kiarie | -Application for extension of time to respond to petition and the affidavits filed by the 1st Respondent. -Petition challenging election of 1st Respondent as a Member Court of Appeal- Appeal from the judgment of the High Court of Kenya at Busia, (Kiarie, J.) dated 31st January, 2018 in HIGH COURT ELECTION PETITION NO. 1 OF 2017) |
EMBU | ||||||
10. | Manyatta Constituency | Embu High Court ElectionPetition No.2 of 2017 | Justus Kinyua Mugo | IEBC Returning Officer Manyatta Constituency, Embu County John Muchiri Nyaga | Justice Robert Limo | - Petition challenging election of 3rd Respondent as the Member of National Assembly Manyatta Constituency. Petition Dismissed with Costs. Judgment Delivered 27.2.2018 |
11. | Mbeere South Constituency | Embu High Court ElectionPetition No.3 of 2017 | Nyutu Peter Kamau | IEBC Mbeere South Returning Officer Muturi Geoffrey Kingangi | Justice Robert Limo | - Petition challenging election of 3rd Respondent as the Member of National Assembly Mbeere South Constituency. Court of Appeal- Appeal against the Judgment and Decree of the High Court of Kenya at Embu (Limo, J.) dated 14th February, 2017 in Petition No. 3 of 2017) |
GARISSA | ||||||
12. | Dadaab | Garissa High Court ElectionPetition No.7 of 2017 | Abdikheir Abdullahi Dubow | IEBC Isaack Muhumed Mohamud (Returning Officer Dadaab) Mohamed Dahir Duale | Justice Rose Ougo | - Application by the 1st and 2nd Respondents to file their response out of time. - Application allowed Ruling Delivered 17.10.2017. - Application for court to issue an order for re-count and scrutiny of the votes received by the candidates from various polling stations, Petitioner be provided with Kenya Integrated Elections Management Systems (KIEMS) report of all the polling station in Dadaab Constituency for Scrutiny, 1st respondent be compelled to give access to and supply to the court certified photocopies of the original forms 35B prepared at and obtained from Dadaab Constituency Tally Centre and the Returning Officer. Application partly allowed Ruling Delivered 3.11.2017. -Petition Challenging election of 3rd Respondent as Member |
13. | Garissa Township | Milimani High Court ElectionPetition No.4 of 2017 | Farah Maalim | IEBC Returning Officer Garissa Township Adam Duale | Justice Ong’udi | - Application on securing the electoral materials and access to the data extracted from the KIEMS kits used in the Garissa Township parliamentary elections. -Petition challenging election of 3rd Respondent as Member of National Assembly for Garissa Township Constituency |
KAJIADO | ||||||
14. | Kajiado West | Kajiado High Court ElectionPetition No. 1 of 2017 | Mark Nkonana Supeyo | Meshana Ole Simel Returning Officer, Kajiado West IEBC Sunkuyi George Risa | Justice John Onyiego | -Application seeking additional counsel for the 3rd Respondent -Application for scrutiny and audit of forms 35A, 35B -Petition challenging election of 3rd Respondent as Member of National Assembly for Kajiado West Constituency. |
KAKAMEGA | ||||||
15. | Butere Constituency | Kakamega High Court Election Petition No. 8 of 2017 | Habil Nanjendo Bushuru | IEBC Bedi Iyadi Nancy (Returning Office) Mwale Nicholas Scott Tindi Andrew Toboso | Justice Ruth Sitati | -Preliminary Objection challenging the petition on the grounds of want of jurisdiction. - Petitioner's and 4th Respondent oral applications asking the court to grant them leave to file additional affidavits before the hearing of the petition. -Application for scrutiny. -Application for review, discharge and or set aside orders of - Petition challenging election of 3rd Respondent as a Member of Parliament for Butere Constituency within Kakamega County. Court of Appeal- Being an appeal from the Ruling/Order of the High Court of Kenya at Kakamega (Ruth N. Sitati, J.) dated the 23rd day of October 2017 in Election Petition No. 12 of 2017. 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. 12 OF 2018) |
16. | Butere Constituency | Kakamega High Court Election Petition No. 12 of 2017 | Andrew Toboso Anyanga | Mwale Nicholas Scott Tindi Habil Nanjendo Bushuru Returning Officer IEBC | Justice Ruth Sitati | - Preliminary objection that the petition has been filed out of stipulated constitutional timelines 28 days from the date of declaration of results which was on 9th August, 2017. - Appeal from the ruling/order of the High Court of Kenya -Preliminary objection which seeking to expunge affidavits Court of Appeal(Appeal from the ruling/order of the High Court of Kenya at Kakamega (Sitati, J) dated 23rd October, 2017 in Election Petition No. 12 of 2017) |
17. | Ikolomani Constituency | Kakamega High Court Election Petition No.2 of 2017 | Butichi Ramadhani Khamisi | IEBC Shinali Benard Masaka Hudson Salendi | Justice Ruth Sitati | -Petition challenging election of Member of the National Assembly of Ikolomani Constituency, Kakamega County. -Petition dismissed with costs to the Respondents.Judgment Delivered 1.2.2018 |
18. | Khwisero Constituency | Kakamega HighCourt Election Petition No. 3 of 2017 | Isaac Omungo | Christopher Aseka Wanga Erick Omondi George (Returning Officer) IEBC | Justice Janet Mulwa | Preliminary objection that petition dated 5/9/2017 is a matter that had been heard and determined by the 3rd Respondent (with quasi – Judicial functions and Jurisdiction) on the 6/8/2017 and its decision was never appealed, petition borders on res Judicata, it is frivolous scandalous and vexations. Preliminary objection dismissed Ruling Delivered 13.10.2017. |
19. | Likuyani Constituency | Kakamega High Court Election PetitionNo. 5 of 2017 | Evans Nabwera Taracha | IEBC Enock Gichaba Otara Enock Wamalwa Kibunguchy | Justice Janet Mulwa | -Application for orders for scrutiny and to secure the records materials and memoranda in the hands of the 1st and 2nd Respondents in respect to the election for member, National Assembly Likuyani Constituency for the election held on 8/8/2017. Application disallowed Ruling Delivered 2.11.2017. |
20. | Luanda Constituency | Kakamega High Court Election PetitionNo. 6 of 2017 | Apungu Arthur Kibira | IEBC SIlvester Ouma Omolo (Returning Officer) Omulele Christopher | Justice Janet Mulwa | - Application for enlargement of time within which the petitioner should file Affidavits of his witnesses in support of the petition. -Application for order of Recount and /or scrutiny of the ballots cast in respect of the general elections conducted on the 8/8/2017 and more particularly in respect of the election of member of National Assembly, Luanda Constituency. -3rd Respondents Application that proceedings be stayed until the petitioner pays costs to all the Respondents in Kakamega High Court Election petition No. 7 of 2013 Ruling Delivered 10.10.2017 . -Application for scrutiny and recount of all ballot cast in respect - Petition challenging election of 3rd Respondent as the Member of the National Assembly for Luanda Constituency within Kakamega County. Court of Appeal- An appeal from the Judgment of the High Court of Kenya at Kakamega (Janet Mulwa, J) dated 16th February, 2018 in Election Petition No. 6 of 2017. |
21. | Malava Constituency | Kakamega High Court Election Petition No. 10 of 2017 | Gilphine Mokeira Omwenga | IEBC Isaac Kiplagat Rutto Moses Malulu Injendi | Justice Janet Mulwa | -Application to allow filing of the new affidavits sought by the petitioner, starting with her further affidavit in support and 1st and 2nd Respondents furnish the court and the petition all original Forms 35A’s and 35B’s emanating Malava Constituency Application allowed partially Ruling Delivered 10.11.2017 -Application for leave to withdraw a petition. |
22. | Mumias East Constituency | Kakamega High Court Election Petition No. 9 of 2017 | David Wamatsi Omusotsi | (Returning Officer) Mumias IEBC Benjamin Washiali Jomo | Justice Jesse Njagi | - Application for striking out 1st & 2nd Respondents response replying affidavits - Preliminary objection seeking to strike out petition and supporting affidavit. |
23. | Navakholo Constituency | Kakamega High Court Election Petition No. 13 of 2017 | Joseph Amisi Omukanda | IEBC Returning Officer Emmanuel Wangwe | Justice Jesse Njagi | -Application for production of forms 35A’s original and -Application by petitioner for scrutiny of all the original forms 35A in relation to the 118 polling stations in Navakholo Constituency, scrutiny and recount of ballot papers to verify the issue of pre-marked ballot papers in some named 43 polling stations, scrutiny of the KIEMS kit, Scrutiny of the list of agents supplied to the IEBC by the candidates or political parties and a comparison with the names of agents who signed form 35A and form 35B & Scrutiny on form 32 signed by persons who assisted voters to vote. Court of Appeal(Appeal from the judgment of the High Court of Kenya at Kakamega, (Njagi, J.) dated 2nd March, 2018 In HIGH COURT ELECTION PETITION NO. 13 OF 2017) |
24. | Shinyalu Constituency | Kakamega High Court Petition No. 1 of 2017 & Election Petition No. 4 of 2017 consolidated | Hon. Silverse Lisamula Anami | IEBC Henry Bahati Lumiti Justus Gesito Mugali M'mbaya | Justice Jesse Njagi | -Application for scrutiny and recount of all votes cast - Petition challenging election of 3rd Respondent as the Member of Parliament for Shinyalu Constituency, Kakamega County. Court of Appeal-An appeal from the Judgment of the High Court of Kenya at Kakamega, (Njagi, J.) dated 19th February, 2018 In Election Petition. No. 1 of 2017) |
25. | Shinyalu Constituency | Adrian Mambili Major | IEBC Henry Bahati Lumiti Justus Gesito Mugali M’mbaya | Justice Jesse Njagi | ||
KIAMBU | ||||||
26. | Gatundu North Constituency | Kiambu High Court Election Petition No. 1 of 2017 | Hon. Clement Kungu Waibara | Hon. Annie Wanjiku Kibe IEBC | Justice Prof. Ngugi | - Application for seeking leave to file affidavits by further witness out of time - Petitioner’s oral application urging the Court to invoke its powers under Section 80 of the Elections Act to compel the attendance of three witnesses. - Request declined Ruling Delivered 2.11.2017. -Petition challenging election of 1st Respondent as member of National Assembly for Gatundu North Constituency. -Petition Allowed Judgment Delivered 1.3.2018 |
27 | Kabete Constituency | Kiambu High Court Election Petition No. 2 of 2017 | Milton Kimani Waitinga | IEBC Njoki Njeru Rosemary Wamacukuru James Githua Kamau | Justice Prof. Joel Ngugi | - Application for dismissing Petition for want of deposit of security for the payment of costs. -Application allowed, Petition struck out Ruling Delivered 18.10.2017 |
KILIFI | ||||||
28. | Ganze Constituency | Malindi High Court Election Petition No. 10 of 2017 | Mbaraka Issa Kombe | IEBC Wafula Chebukati Three Ganze Sub-County Returning Officer Teddy Mwambire | Justice Patrick Otieno | -Application for seeking leave to file additional affidavits by five witnesses. - Application for striking out/dismissing Petition in that has contravened the provisions of Article 87(2) for failure to state the date of declaration of results. Court of Appeal- An appeal from the Ruling of the Election Court at Malindi (Otieno, J.) dated 2nd November, 2017 in Election Petition No. 10 of 2017. |
29. | Kaloleni Constituency | Malindi High Court Election Petition No. 11 of 2017 | Samuel Sila Samuel Mulwa | IEBC Wafula Chebukati Kaloleni Sub-County Returning Officer Paul Katana | Justice Dora Chepkwony | -Application for striking out petition or alternatively dismissing with costs by challenging the jurisdiction of the court. -Petition struck out. Ruling Delivered 20.11.2017 |
30. | Kilifi North Constituency | Malindi High Court Election Petition No. 12 0f 2017 | Cosmas Foleni Kenga | IEBC Wafula Chebukati Kilifi North Sub-County Returning Officer Owen Yaa Baya | Justice Dora Chepkwony | - Application by the Petitioner seeking leave to withdraw the petition under Rule 23 of the Elections (Parliamentary and County) Petitions Rules, 2017. Directions Ruling Delivered 13.11.2017. - Petition challenging Election of member of the National Assembly for Kilifi North constituency. |
31. | Kilifi South Contituency | Malindi High Court Election Petition No. 9 of 2017 | Suleiman Salim Kaingu | IEBC Wafula Chebukati Kilifi Sub-County (Returning Officer) Kiti Richard Ken Chonga | Justice Dora Chepkwony | -Application for striking out petition. Petition struck out. Ruling Delivered 20.11.2017 |
32. | Magarini Constituency | Malindi High Court Election Petition No.2 of 2017 | Johnson Muthawali Borniface Tsuma Nzai | Kingi Michael Thoya IEBC Raymond Makazi | Justice Patrick Otieno | -Application to strike out petition for failure to declare results |
33. | Malindi Constituency | Malindi High Court Election Petition No. 13 of 2017 | Ernest Hinzano | IEBC Wafula Chebukati Malindi Sub County (Returning Officer) Aisha Jumwa | Justice Patrick Otieno | - Application for the court to grant injunction. -Petition Challenging 4th Respondent as duly elected member of Malindi Constituency |
34. | Rabai Constituency | Malindi High Court Election Petition No. 14 of 2017 | Emmanuel Baraka Aron | IEBC Wafula Chebukati Kilifi County Returning Officer William Kamoti Mwakale | Justice Weldon Korir | -Petition Challenging election of 3rd Respondent as Member of National Assembly for Rabai Constituency. -Petition Dismissed.Judgment Delivered 2.3.2018 |
KISII | ||||||
35. | Bomachoge Borabu Constituency | Kisii High Court Election Petition No. 8 of 2017 | Thomas Matwetwe Nyamache | IEBC Returning Officer Bomachoge Borabu Constituency Ogutu Zadoc Abel | Justice Hellen Omondi | -Oral application requesting the court to issue summons to the OC Kenyanya police station and DCIO Kenyanya to attend court & produce certain electoral material recovered by a witness to the petition allowed Ruling Delivered 11.10.17 - Application to direct the 1st and 2nd respondents to deliver to the Deputy Registrar at High Court of Kenya in Kisii various election materials used in the elections for member of National Assembly (MP) Bomachoge Borabu Constituency on 8th August 2017 Ruling Delivered 8.11.2017. - Petition challenging the election of 3rd Respondent as Member of the National Assembly for Bomachoge Borabu Constituency. |
36. | Bomachoge Chache Constituency | Kisii High Court Election Petition No. 1 of 2017 | Jeremiah Nyangwara Matoke | IEBC The Returning Officer Alfa Miruka Ondieki | Justice Winfred Okwany | - Application seeking 1st & 2nd respondents be compelled by a way of mandatory injunction to provide and supply the petitioner with certified copies of 35As and polling station diary each polling station within Bomachoge Chache constituency. - 3rdrespondent’s objection in respect to documents attached -Oral application for leave to file an application for scrutiny -Application for scrutiny of election materials used in election for member of parliament for Bomachoge Chache Constituency - Application Dismissed Ruling Delivered 23.1.2018 - Petition challenging election of 3rd Respondent as the Member of Parliament for Bomachoge Chache Constituency. Court of Appeal-An appeal from the judgment and order of the High Court of Kenya at Kisii(Okwany, J.) dated 22nd February 2018 in Election Petition No. 1 of 2017. |
37. | Bonchari Constituency | Kisii High Court Election Petition No. 2 of 2017 | Zebedeo John Opore | IEBC David K. Cherop (Returning Officer Bonchari Constituency) John Oroo Oyioka | Justice Anthony Ndungu | -Applications by 1st, 2nd & 3rd respondent seeking extension of time for filing and service of answer to the Petition and affidavits and that the answer to Petition and replying affidavits filed and served out of time. - Applications allowed, costs to the Petitioner Ruling Delivered 9.11.2017. Applications for leave to be granted to lodge a supplementary affidavit annexing Polling Station Diaries and Copies of Forms 32A (Voter Identification and Verification Forms) prepared and submitted by the respective Presiding Officers at the polling stations within Bonchari Constituency during the 08 August 2017 elections. Applications allowed Ruling Delivered 9.11.2017. -Application for scrutiny and recount of votes in respect of Bonchari Constituency's Member of the National Assembly elections conducted on the 8th August 2017. Application allowed. Ruling Delivered 11.12.2017 -Petition challenging election of 3rd Respondent as Member of National Assembly for Bonchari Constituency. |
38. | Kitutu Chache North Constituency | Kisii High Court Election Petition No. 11 of 2017 | Robert Ndemo Mokaya | Jimmy Ondieki Eunice Jelagat Mary IEBC | Justice Hellen Omondi | - Petition challenging election of 1st Respondent as a Member of the National Assembly for Kitutu Chache North Constituency. |
39. | Nyaribari Masaba Constituency | Kisii High Court Election Petition No. 9 of 2017 | Ombati Richard | IEBC Mark Manco Ombaki Hezekiel Machogu | Justice Winfred Okwany | - Application seeking leave to withdraw petition Petitioner granted leave to withdraw petition. Petition marked as withdrawn.Ruling delivered 19.10.17 |
40. | Nyaribari Chache Constituency | Kisii High Court Election Petition No. 10 of 2017 | Zaheer Jhanda James FO Kenani | James Meja Okeyo (Returning Officer) Richard Nyagaka Tongi | Justice Anthony Ndungu | -Application for the Court to order and/or decree the Application for preservation, production, scrutiny, inspection and verification of all the rejected ballot papers cast in the Member of the National Assembly Elections in Nyaribari Chache Constituency. -Application dismissed, Costs to abide the outcome of the Petition Ruling Delivered 6.11.2017. -Application for court to grant an order for scrutiny of all the votes cast to and/or in favour of all the candidates who contested for the Member of the National Assembly, Nyaribari Chache Constituency, during the General Election held on the 8th day of August 2017. - Application dated 29th September 2017 dismissed, save for the prayers agreed on by a consent of the parties dated 5th October 2017 Ruling Delivered 6.11.2017. -Preliminary objection by 3rd Respondent that -Oral application seeking directions on an application -Application to introduce analysis of KIEMS kit in court so -Preliminary objection by 3rd Respondent objecting the -2nd and 3rd Respondents reliance on expunged documents from the record of court. -Court pronouncement on expunged annextures. Ruling Delivered 18.12.2017 -Court pronouncement where summons or any other court documents is in dispute.Ruling Delivered 19.12.2017 -Court pronouncement on re-examination. Ruling Delivered 20.12.2017 |
41. | Nyaribari Chache Constituency | Kisii High Court Election Petition No. 12 of 2017 | Chris Bichage | IEBC Major Okeyo Tongi Richard | Justice Anthony Ndungu | - Application for the Court to order and/or decree the Application for preservation, production, scrutiny, inspection and verification of all the rejected ballot papers cast in the Member of the National Assembly Elections in Nyaribari Chache Constituency. -Application dismissed, Costs to abide the outcome of the Petition Ruling Delivered 6.11.2017. -Application for court to grant an order for scrutiny of all the votes cast to and/or in favour of all the candidates who contested for the Member of the National Assembly, Nyaribari Chache Constituency, during the General Election held on the 8th day of August 2017. - Application dated 29th September 2017 dismissed, save for the prayers agreed on by a consent of the parties dated 5th October 2017 Ruling Delivered 6.11.2017. -Preliminary objection by 3rd Respondent that -Oral application seeking directions on an application -Application to introduce analysis of KIEMS kit in court so -Preliminary objection by 3rd Respondent objecting the -2nd and 3rd Respondents reliance on expunged documents from the record of court. -Court pronouncement on expunged annextures. Ruling Delivered 18.12.2017 -Court pronouncement where summons or any other court documents is in dispute.Ruling Delivered 19.12.2017 -Court pronouncement on re-examination. Ruling Delivered 20.12.2017 -Petition challenging election of 3rd Respondent as Member of National Assembly for Nyaribari Chache Constituency. -Petition Dismissed. 3rd Respondent was validly elected as the Member of National Assembly for Nyaribari Chache Constituency. Judgment Delivered 28.2.2018. Court of Appeal(Appeal from the judgment of the High Court of Kenya at Kisii, (Ndung’u, J.) dated 5th December, 2017 in HIGH COURT ELECTION PETITION NO. 12 OF 2017)Notice of appeal struck out Order dated 19.6.18 |
42. | South Mugirango Constituency | Kisii High Court Election Petition No.5 of 2017 | Dennis Magare Makori Samson Bichanga | IEBC Wilson Kimutai Kipchumba Silvanus OsoroOnyiego Jacob Mbicha Mogere | Justice Anthony Ndungu | -Application for audit, scrutiny of the votes cast, results declared, - Petition challenging election of 3rd Respondent as a member of National Assembly for South Mugirango Constituency. |
KITUI | ||||||
43. | Mwingi North Constituency | Kitui High Court Election Petition No. 3 of 2017 | John Munuve Mati | Returning Officer Mwingi North Constituency IEBC Paul Musyimi Nzengu | Justice Lillian Mutende | -Application for production and preservation of all election -Application for scrutiny and recount of all the ballots cast at the election held on the 8th August 2017 in respect of Member of National Assembly Mwingi North Constituency. Application allowed. Ruling Delivered 6.12.2017 -Petition challenging election of 3rd Respondent as -An appeal from the Judgment and Decree of the High Court (L.N. Mutende, J.) dated 31st January 2018 in Kitui HC. EP. No. 3 of 2017 -Appeal Dismissed Judgment Delivered 22.3.2018 |
44. | Kitui South Constituency | Kitui High Court Election Petition No. 2 of 2017 | Kennedy Moki | Rachel Kaki Nyamae IEBC Pamela Awuor Wandeo | Justice Lillian Mutende | -Petition challenging election of 1st Respondent as Appeal from the Judgment and order of the High Court of Kenya at Kitui (L.Mutende,J), Appeal Dismissed.Judgment Delivered 8.6.2018
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45. | Kitui East Constituency | Kitui High Court Election Petition No. 1 of 2017 | Millitonic Mwendwa Kimanzi Kitute | IEBC Kitui East Constituency Returning Officer Nimrod Mbithukambai | Justice Pauline Nyamweya | -Application seeking orders for striking out petition in limine - Preliminary objection to the admissibility of computer printouts annexed supporting affidavit. - 1st, 2nd and 3rd Respondents’ objection upheld Ruling Delivered 6.11.2017. - Application for seeking to scrutiny information in the Kenya Integrated Election Management System (KIEMS) to be brought to the Court by the Deputy Registrar of the Court. - Application denied, costs to the Petitioner Ruling Delivered 7.11.2017. -Preliminary objection on production of photograph as exhibit. -Petition challenging election of the 3rd Respondent as |
LAMU | ||||||
46. | Lamu West | Malindi High Court Election Petition No. 1 of 2017 | Rishad Hamid Ahmed | IEBC Abdallah Mwarua Chikopshe Stanley Muiruri Muthama | Justice Weldon Korir | - Application for accessing information Global Positioning System [GPS] location of each of the 122 KIEMS kits deployed at the polling stations in Lamu West Constituency and their coordinates for the period between 8th August 2017 and 10th August 2017. - Petitioner’s Notice of Motion dated 30th September, 2017 dismissed Ruling delivered 3.11.2017. - Petition challenging election of the 3rd Respondent as Member of the National Assembly for Lamu West Constituency. Court of Appeal-Appeal from the judgment of the High Court of Kenya at Malindi (Korir, J.) dated 21st February, 2018 In Election Petition No. 1 of 2017) Appeal allowed.Judgment Delivered 19.7.18 |
MACHAKOS | ||||||
47. | Machakos Town | Machakos High Court Election Petition No. 3 of 2017 | Mutisya Albanus | IEBC Returning Officer Machakos Constituency Munyaka Victor | Justice David Kemei | -1st, 2nd and 3rd Respondents preliminary objection to the filing -Application for production of all election materials – Request seeking for adjournment in the hearing of the petition which was to start in earnest. – Application for an order for scrutiny and recount for all election materials used in Member of National Assembly elections Machakos Town Constituency. Petition challenging election of 3rd respondent as Member of National Assembly for Machakos Town Constituency. |
48. | Yatta Constituency | Machakos High Court Election Petition No. 2 of 2017 | Francis Kilonzo | IEBC (Returning Officer) Yatta Constituency Charles Kilonzo | Justice Aggrey Muchelule | - Preliminary objection on the ground that the petition is fatally defective and be struck out as it had not been filed within 28 days as was required by sections 76 and 77 of the Elections Act No. 24 of 2011. -Preliminary objection dated 17thSeptember 2017 and the motion dated 27thSeptember 2017, both by the 1stand 2nd respondents, are dismissed with costs Ruling Delivered 6.11.2017. -3rd Respondent’s application seeking the striking - Application for expunging supplementary affidavits annexed to the affidavit of the petitioner and of the witness. Preliminary objection sustained. Ruling Delivered 17.11.2017. - Application for leave to file a supplementary affidavit to introduce the Polling Day Diaries. Application disallowed. Ruling Delivered 11.12.2017. -Application for scrutiny of the polling materials distributed -Petition challenging election of 3rd respondent as Member of National |
MAKUENI | ||||||
49. | Kibwezi East | Makueni High Court Election Petition No. 1 of 2017 | Phillip Kyalo Kaloki | IEBC Returning Officer Kibwezi East Jessica Mbalu | Justice Charles Kariuki | -Application for an order for scrutiny, recount and audit Draft issues Delivered 10.11.2017 Directions Delivered 10.11.2017 Order Delivered 10.11.2017 - Application for scrutiny - Petition challenging the election of 3rd Respondent as a Member of National assembly for Kibwezi East Constituency. Appeal from the judgment of the High Court of Kenya at Makueni (Kariuki, J.).Appeal Dismissed. Judgment Delivered 8.6.2018 |
MANDERA | ||||||
50. | Mandera North | Milimani High Court Election Petition No. 7 of 2017 | Mohamed Ibrahim Abdi | IEBC Returning Officer Mandera North Constituency Bashir Sheikh Abdullahi | Justice Hedwig Ong’udi | -Applications for withdrawal of petition and substitution of applicants. -Application for scrutiny and recount of the votes cast and -Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera North Constituency. Court of Appeal- Being an appeal from the entire judgment of the High Court of Kenya at Nairobi (Hon. Lady Justice Hedwig I. Ongudi) given at Nairobi on the 27th February, 2018 in Election Petition No. 7 of 2007) |
51. | Mandera East | Milimani High Court Election Petition No. 3 of 2017 | Abdirahman Husseinweytan Mohamed | IEBC Returning Officer Mandera East Constituency Hassan Omar Mohammed Maalim | Justice Hedwig Ong’udi | - Directions dated 2.11.2017 -Application for access to scrutiny of all packets of spoilt papers, -Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera East Constituency. Court of Appeal-Being an appeal from the judgment and Decree of the High Court of Kenya at Nairobi (Hedwig Ong’udi, J.) delivered on 27th February, 2018 in Election Petition No. 9 of 2017. |
52. | Mandera East | Milimani High Court Election Petition No. 9 of 2017 | Abdikadir Sheikh Hassan | IEBC (Returning Officer), Mandera East Constituency Hassan Omar Mohamed Maalim | Justice Hedwig Ong’udi | -Application for access to scrutiny of all packets of spoilt papers, -Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera East Constituency. |
MERU | ||||||
53. | Buuri Constituency | Meru High Court Election Petition No. 2 of 2017 | John Mugambi Angaine | IEBC Wario Ibrahim Ali Rindikiri Mugambi Murwithania | Justice Anne Ongijo | - Application seeking the court to order for additional seals to be -Application for granting leave for Petitioner to -Application for scrutiny and recount. -Petition challenging the election of 3rd Respondent as a Member National Assembly of Buuri Constituency. |
54. | Igembe Central | Meru High Court Election Petition No. 4 of 2017 | Bariu M’Limunyi | IEBC Returning Officer Igembe Central Irino Cyprian Kubai | Justice Francis Gikonyo | -Application to withdraw the petition. - Application allowed, petition withdrawn with no orders as to costs Ruling Delivered 14.11.2017. |
55. | Imenti North | Meru High Court Election Petition No. 1 of 2017 | Silas Muriuki Ruteere | IEBC Abdi Sheikh Mohamed, Returning Officer for Imenti North Constituency Abdul Rahim Dawood | Justice Anne Ongijo | - Petition challenging election of Member of National Assembly for North Imenti Constituency Meru County. |
56. | Isiolo South | Meru High Court Election Petition No. 3 of 2017 | Mohamed Tubi Bidu | IEBC Mamo Elema Adano Abdi Koropu Tepo | Justice Francis Gikonyo | -Application for access to KIEMS KIT and scrutiny of system. -Petition Challenging election of Member of Parliament for Isiolo South Constituency held on 8th August, 2017. |
MIGORI | ||||||
57. | Suna West | Migori High Court Election Petition No. 1 of 2017 | Joseph Obiero Ndiege | IEBC Julius Mwita Peter Francis Masara | Justice Hillary Chemitei | -Application to extend time for the petitioner to serve video evidence, - Application seeking for scrutiny and audit of the polling station diaries, and notes by the various presiding officers in several named respective polling stations for Suna West Constituency. -Petition Challenging Election of 3rd Respondent as Member of National Assembly for Suna West Constituency. -Petition Dismissed. Judgment Delivered 27.2.2018. |
58. | Nyatike | Migori High Court Election Petition No. 2 of 2017 | Fredrick Kagosh Ogenga | IEBC County Returning Officer Nyatike Tom Mboya Odege | Justice J. R. Karanja | -Application for access to the electoral material linked to the Kenya Integrated Election Management System i.e the KIEMS Kits and scrutiny and/or recount of votes in specified polling stations. -Application dismissed Ruling Delivered 14.11.2017 -Petition challenging election of the 3rd Respondent as |
MOMBASA | ||||||
59. | Changamwe | Mombasa High Court Election Petition No. 7 of 2017 | Mohamed Mahamud Ali | IEBC Aisha Abubakar, (Changamwe Constituency Returning Officer) Omar Munyi Shimbwa | Justice Margaret Mwangi | -Application for leave to be granted to have the Presiding Officers -Preliminary objection to adduce evidence relating to paragraphs -Preliminary objection to adduce evidence based on certain -Preliminary objection to the production of a video clip by a witness. - Application for scrutiny of all election materials used in election of the Member of the National Assembly for Changamwe Constituency held on 8th August, 2017. Petition Challenging Election of 3rd Respondent as Member of Parliament for Changamwe Constituency -Petition Dismissed.Judgment Delivered 28.2.2018 Court of Appeal-(Being an Appeal from the Judgment of the Election Court at Mombasa (Njoki Mwangi J.) dated 28th February, 2018) in Mombasa High Court Election Petition No. 7 of 2017 Appeal dismissed.Judgment Delivered 26.7.18 |
60. | Likoni | Mombasa High Court Election Petition No. 4 of 2017 | Mwahima Mwalimu Masudi | IEBC Returning Officer, Likoni Constituency Presiding Officer Majengo Maya/Musdalifa Polling Station Likoni Mboko Mishi Juma Khamis | Justice Eric Ogola | - Application for an order of scrutiny of the Ballot Material Namely Ballot Papers, Ballot Boxes, Ballot Seals and the KIEMS Kits. - Application for striking out /or alternatively and without prejudice dismiss the petition. -Petitioner’s preliminary objection that the responses were filed out of time and without leave of the court. - Petition challenging election of 4th Respondent as Member of National Assembly for Likoni Constituency. |
61. | Nyali | Mombasa High Court Election Petition No. 6 of 2017 | Daniel Ongong’a Abwao | Mohamed Ali Mohamed Mwanajuma Gandani IEBC |
Justice Lydia
Achode
|
-Oral application seeking for witness summons to issue to the Regional
- Petition challenging election of 1st Respondent as a Member of National Assembly for Nyali Constituency. Court of Appeal-Appeal from the Judgment of the Election Court at Mombasa (Achode, J.) Dated 23rd February, 2018 In Mombasa High Court Election Petition No. 6 of 2017) Appeal dismissed. Judgment Delivered 26.1.18 |
62. | Kisauni | Mombasa High Court Election Petition No. 2 of 2017 | Rashid Juma Bedzimba | Ali Menza Mbogo Mohammed Aboud Bahero IEBC | Justice Eric Ogola | - Preliminary objection that further affidavit and averment in the certificate do not conform to Rule 9 of the Oaths and Statutory Declaration Rules. Preliminary objection upheld. Ruling Delivered 6.12.2017. -Petition challenging election of 1st Respondent as the validly elected Member of National Assembly for Kisauni Constituency. |
63. | Jomvu | Mombasa High Court Election Petition No. 9 of 2017 | JimmyKazungu | IEBC Nur Faraj Maftahi Bady Bady Twalib | Justice Mugure Thande | - Application for striking out petition and supporting affidavits and failure to comply with the express and mandatory provisions of Rule 8(1) of the Elections (Parliamentary & County Elections) Petition Rules 2017. Petition struck out Ruling Delivered 13.10.2017. |
MURANGA | ||||||
64. | Kandara | Muranga High Court Election Petition No. 1 of 2017 | Jane Wambui Mwaura | IEBC Kandara Constituency Returning Officer Alice Muthoni Wahome | Justice Hatari Waweru | -Application seeking that the petition be struck out for want of service with costs. -Application Allowed, petition struck out Ruling Delivered 24.11.2017 |
NAIROBI | http://kenyalaw.org/caselaw/cases/view/144109/ | |||||
65. | Embakasi Central | Nairobi High Court Election Petition No. 17 of 2017 | Hezron Omondi | IEBC Returning Officer, Embakasi Central. | Justice Joseph Onguto | -Application for an order to strike out/or dismiss the Petition. -Application for scrutiny, audit of all the returns, -Petition Challenging election of 3rd Respondent as Member of Natitonal Assembly for Embakasi Central Constituency within Nairobi County. |
66. | Embakasi East | Nairobi High Court ElectionPetition No. 8 of 2017 | Francis Wambugu Mureithi | Owino Paul Ongili Babu IEBC Nicholas K. Butuk | Justice Joseph Sergon | - Applications to order the court to proceed to hear petition as undefended and/or unopposed and grant an order that the petition has been conceded. - Application for scrutiny, access to the KIEMS devices logs and all election materials. - Petition challenging the election of 1st Respondent as a Member of National Assembly of Embakasi East Constituency. Court of AppealAppeal from the Judgment of the High Court of Kenya at Nairobi(Sergon,J.).Appeal Allowed.Judgment Delivered 8.6.2018 |
67. | Embakasi North | Nairobi High Court Election Petition No. 19 of 2017 | Jane Muringi Wangui | IEBC Returning Officer, Embakasi North James Mwangi Gakuya | Justice Rachel Ngetich | -Application for provision of access to all election Direction/Ruling Delivered 15.11.2017 -Petition challenging election of 3rd Respondent as a Member of |
68. | Embakasi South | Nairobi High Court Election Petition No. 2 of 2017 | Sumra Irshadali Mohammed | IEBC Mwathai Julius Musili | Justice Grace Nzioka | -Application by the 2nd Respondent for striking out petition -Oral application by the Petitioner seeking an order to summon -Application seeking for an order for scrutiny and recount and/or Preliminary objection in relation to electronic and video evidence led by the 2nd Respondent’s witness. Ruling Delivered 23.1.2018 - Petition Challenging Election of 2nd Respondent as Member of National Assembly for Embakasi South Constituency in Nairobi County. -Petition Dismissed. Judgment Delivered 2.3.2018 Supreme Court- Being an application for stay of the judgment and orders of the Court of Appeal sitting at Nairobi in Election Petition Appeal No.22 of 2018 (M. Warsame, Prof. O. Odek & M. Makhandia, JJA) delivered on 6th July, 2018. |
69. | Embakasi West | Nairobi High Court Election Petition No. 18 of 2017 | Tom Onyango Agimba | IEBC Returning Officer, Embakasi West | Justice Olga Sewe | -Preliminary Objection by 3rd Respondent on the ground that the Petitioner petition and the pleadings filed are incompetent, fatally defective and are therefore incurable by amendment. -Preliminary Objection dismissed costs to abide the result of the Petition Ruling Delivered 19.10.2017. -Application by the Petitioner to be given leave to forward to Court the requisite deposit, out of time, |
70. | Ruaraka | Nairobi High Court Election Petition No. 5 of 2017 | Elizabeth Ongoro Amolo | IEBC Karen Wachera Mwangi Francis Kajuang Tom Joseph | Justice Richard Mwongo | -Petitioner’s application seeking leave to file a further affidavit. - Application dismissed with costs Ruling Delivered 30.10.2017. - Application by Petitioner seeking the preservation and production before the court of various election materials. - Request for KIEMS kit, SD Cards to be availed to the Registrar within 24 hours upon an order of the court when evidence is adduced in court and prayers for access and audit of KIEMS kit will only kick in upon provision by the petitioner of evidence necessitating the access or audit thereof Ruling Delivered 30.10.2017. -1st respondent’s application dated 5th October, 2017, requesting for further and better particulars from the petitioner. - Application partly allowed Ruling Delivered 30.10.2017. -1st Respondent objection to the production of a printout -Petition Challenging election of the 1st Respondent |
71. | Starehe | Nairobi High Court Election Petition No. 10 of 2017 | Ndwiga Steve Mbogo | IEBC Philice Khaemba, Returning Officer Starehe Constituency Njagagwa Charles Kanyi | Justice Fred Ochieng | -Application for admissibility of video evidence. -Application for leave to file an affidavit. -Petition challenging election of the 3rd Respondent as Member of the National Assembly for Starehe Constituency. Court of Appeal- Appeal from the entire judgment of the High Court at Nairobi (Ochieng, J.) dated 26th February 2018 in Nairobi Election Petition 10 of 2017. |
72. | Lang’ata Constituency | Nairobi High Court Election Petition No. 20 of 2017 | Oscar Omoke Ochola Kavore Kariuki Daniel Odera Hillary Okumu Mulialia Margery Nduta Kiragu | IEBC Martin Simotwo Nixon Kiprotich General Korir | Justice Lucy Mwihaki | - Application for an order for preservation and safe keeping of all Election materials including Integrated Electoral systems kits (KIEMs), scrutiny of all original forms 35A, and safe keeping of all the ballot boxes and all polling materials for the 57 polling stations for member of National Assembly Langata Constituency. - Prayer 1 of the application allowed, Prayers 2A and 4 of the application to be revisited and all the necessary information from the servers and the KIEMS kit as captured and stored in the SD (Scan Card) card be preserved by the Deputy Registrar Civil Division to be accessed if need be, under the directions of the Honourable Court Ruling Delivered 23.10.2017. -Application for accessing, preserving, safekeeping of all - Petition challenging election of 3rd Respondent as a Member of National Assembly for Langata Constituency. Court of Appeal-(Being an appeal from the judgment and decree of the High Court at Nairobi (Njuguna, J.) delivered on 27thFebruary 201 in Election Petition Appeal No. 20 of 2017. |
73. | Kamukunji Constituency | Nairobi High Court Election Petition No. 21 of 2017 | Ibrahim Ahmed | IEBC Mary Nyambura Ndungu Yusuf Hassan Abdi | Justice Luka Kimaru | - Failure by the Petitioner to deposit security for costs within the stipulated statutory period of ten days after filing the petition renders the petition fatally defective. - Petition struck out with costs to the Respondents Ruling Delivered 17.11.2017. |
NAKURU | ||||||
74. | Nakuru Town West | Nakuru High Court Election Petition No. 1 of 2017 | Isoe Ochoki Andrew Mingate | IEBC Gilbert Serem Constituency Returning Officer, Nakuru Town West Constituency Arama Samuel | Justice Maureen Odero | - Application for scrutiny and audit of the KIEMS Kit, the servers and portal/website. - Prayers declined, Deputy Registrar to carry out a scrutiny of the Forms 35A and 35B of the Parliamentary election for Nakuru Town West Constituency Ruling Delivered 7.11.2017. - Petition challenging election of 3rd Respondent as Member of the National Assembly for Nakuru Town West Constituency. |
NAROK | ||||||
75. | Emurua Dikirr Constituency | Narok High Court ElectionPetition No. 2 of 2017 | David Kipsang Keter | Johana Kipyegon Ngeno Lilian Okoth, Constituency Returning Officer Emurua Dikirr Constituency IEBC | Justice Justus Bwonwongá | -Response by 1st Respondent to the adjournment of the proceedings. -Application for expunging paragraphs 6 and 7 of the petitioner’s affidavit. - preliminary objection by the 1st respondent, that petition be dismissed for being incurably defective and fatal in that it failed to state when the election results were declared and how they were declared as mandatorily required by Rules 8(1) and 12(12) of the Elections (Parliamentary and County) Petitions Rules of 2017. |
76. | Kilgoris Constituency | Narok High Court ElectionPetition No. 1 of 2017 | Julius Sunkuli | Gideon Sitelu Konchella Elijah Ombogo IEBC | Justice Martin Muya |
Court of AppealAn appeal from the Judgment and Order of the High Court of Kenya at Narok (Martin Muya, J.) delivered on 27th February 2018 in High Court Election Petition No. 1 of 2017) Supreme Court- Being an application for stay of execution and/or suspension of the Court of Appeal Judgment and the Order derived therefrom dated 31st July, 2018. |
77. | Narok West | Narok High Court Election Petition No. 4 of 2017 | Stanley Taparia | Tongoyo Gabriel Koshal Noah Bayamah, Returning Officer IEBC | Justice Justus Bwonwong’a | |
NYAMIRA | ||||||
78. | West Mugirango | Nyamira High Court Election Petition No. 2 of 2017 | Steve M. Mogaka | IEBC Vincent Kemosi Mogaka Returning Officer, West Mugirango Constituency | Justice Aaron Makau | -Application for an advocate to cease appearing or continue to appear for the Petitioner in the petition pursuant to Rule 9 of the Advocates (Practice) Rules 1966. - 2nd Respondent’s application dated 18th Septembers 2017 dismissed. - Application for the preservation and safe keeping of all the Kenya Integrated Election Management Systems (KIEMS) Kits used in all the 147 polling stations and tallying centres with respect to the election of member of National Assembly, West Mugirango Constituency, and toallow the Petitioner/Applicant to fix his own seals on the ballot boxes used for the election of member of National Assembly West Mugirango Constituency and the Petitioner / Applicant to place his own locking gadgets to the rooms or premises where election materials for the election of Member of National Assembly West Mugirango constituency are kept Application allowed, Prayer for recount and scrutiny dismissed. - Preliminary objection seeking extension of time within which to file the response. - Preliminary Objections that Court’s lack of jurisdiction to entertaining the 1st 2nd and the 3rd Respondents applications seeking extension of time to file their responses out of time. Preliminary of objections dismissed. -Application to strike out petition for not being supported by supportive affidavits and witnesses’ affidavits after they were struck out and expunged from record. Court of AppealBeing an application to strike out Notice of Appeal dated 21st December, 2017 from the Ruling of the High Court of Kenya at Nyamira, (J.A. Makau, J.) dated 14th day of December, 2017 in PETITION NO. 2 OF 2017) 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. 6 OF 2017) Appeal from the judgment of the High Court of Kenya at Nyamira, (Makau, J.) dated 21st November, 2017 Appeal withdrawn under Rule 81 of the Court of Appeal Rules Order dated 19.6.18 |
79. | Kitutu Masaba | Nyamira High Court Election Petition No. 3 of 2017 | Justus Mongumbu Omiti | IEBC Hon. Mose Shadrack John | Justice Aaron Makau | -Application for retaining in safe custody, all documents and materials relating to Parliamentary election for Kitutu Masaba constituency as per provision of the law at the IEBC warehouse. Application allowed Ruling Delivered 31.10.2017. - Petition challenging election of 2nd Respondent as Member of National Assembly Kitutu Masaba Constituency. |
NYERI | ||||||
80. | Tetu Constituency | Nyeri High Court Election Petition No. 1 of 2017 | Robert Mwangi Kariuki | IEBC Returning Officer, Tetu Constitutency Hon. James Gichuhi Mwangi | Justice Teresia Matheka | -Petition challenging the election of 3rd Respondent as duly elected Member of Parliament, Tetu Constituency. -Applications seeking extension of time to file the witness statements and striking out of the petition for failure of the petitioner to deposit security for payment for costs within the stipulated time. Petition struck out with costs to each Respondent Ruling Delivered 24.10.2017 |
81. | Mathira Constituency | Nyeri High Court Election Petition No. 2 of 2017 | Michael Gichuru | Hon. Rigathi Gachagua Kahura Kanua John IEBC | Justice Jairus Ngaah | - Applications for extension of time to cover the delay and for admission of the response and to strike out the petition. -Application to strike out the petitioner’s petition amended on 24th October 2017. -Application for scrutiny and recount of the votes cast in all -Petition challenging election of 1st Respondent |
SIAYA | ||||||
82. | Ugenya | Siaya High Court Election Petition No. 1 of 2017 | David Ouma Ochieng | IEBC Isaiah Nabwayo, Returning Officer, Ugenya Chris Karan | Justice Thrispisa Cherere | - Application for enlargement and extension of time for the 3rd respondent to file his response to the petition and that 3rd respondent’s response to the petition be deemed as duly filed and served. - Preliminary objection by the Petitioner that 3rd Respondent should not participate in the proceedings. - Preliminary Objection supported by the 1st & 2nd Respondents upheld Ruling Delivered 21.11.2017 -Application made under the provisions of Rule 18 of -Petition Challenging Election of 3rd Respondent as Member of National Assembly for Ugenya Constituency in Siaya County. Court of Appeal(Appeal from the ruling of the High Court of Kenya at Kisumu, (Cherere, J.) dated 16th November, 2017 In High Court Election Petition NO. 1 of 2017) -Appeal from the judgment of the High Court of Kenya at Siaya, (Cherere, J.) dated 1st March, 2018 in High Court Election Petition No. 1 Of 2017) - Appeal from the Judgment of the High Court of Kenya at Kisumu, (Honourable T. Cherere, J) delivered on the 1st of March, 2018 in Siaya High Court Election Petition No. 1 of 2017. |
83. | Gem | Kisumu High Court Election Petition No. 2 of 2017 | Washington Jakoyo Midiwo | IEBC Returning Officer, GEM Elisha Odhiambo | Justice Esther Maina | - Application for striking out petition and/or without prejudice be dismissed. - Application for accessing information contained in KIEMS Kits used in all polling stations Gem constituency. -Application for recount, tallying and scrutiny of all -Petition challenging election of the 3rd Respondent as Member of National Assembly for Gem Constituency in Siaya County -Petition dismissed, 3rd Respondent was validly elected as Member of National Assembly for Gem Constituency in Siaya County Judgment Delivered 26.2.2018. |
TAITA TAVETA COUNTY | ||||||
84. | Taita Taveta | Voi High Court Election Petition No. 2 of 2017 | Morris Muindi Mutiso | Naomi Hamsi Shaban Abdul Swaleh Jamanda IEBC | Justice Jackie Kamau | - 2nd and 3rd Respondent application for striking out of the Petition on the ground that the Petitioner had failed to deposit the security for costs in accordance with the law and that the Petition had not been signed by the Petitioner or by a person he had duly authorized to sign on his behalf. |
TRANS-NZOIA | ||||||
85. | Endebbes | Kitale High Court ElectionPetition No. 5 of 2017 | Robert Wamalwa Simiyu | IEBC Returning Officer, Endebbes Constituency Robert Pukose | Justice Cecilia Githua | -Application for striking out the petition for want of service. -Petition struck out Ruling Delivered 27.11.2017 |
86. | Saboti | Kitale High Court Election Petition No. 3 of 2017 | Jonas Misto Vincent Kuko | IEBC Stanley Kipkore, Returning Officer Caleb Luyei | Justice Cecilia Githua | - Preliminary objection challenging the validity or competence of the petition filed by the Petitioner on grounds that it offends the provisions of Rule 8(c) and (d) of the Elections (Parliamentary and County Elections) Petition Rules. -Application for order of scrutiny, recount and re-tallying |
TURKANA | ||||||
87. | Turkana North | Lodwar High Court Election Petition No. 2 of 2017 | Paul Ekuwam Nabuin | Christopher Doye Nakuleu Ngeitelejio Ekalale Danson IEBC | Justice Stephen Riechi | - Application for reallocation of Election court to a neutral venue for fair trial to take place other than Turkana County. - Application by the petitioner for an order be issued compelling the 2nd and 3rd Respondents to produce and avail before court all KIEMS kit devices, voter registers, polling station diaries, ballot boxes and ballot papers for the Turkana North Constituency member of National Assembly election held on 8th August, 2017. |
88. | Turkana South | Lodwar High Court Election Petition No. 4 of 2017 | Ebenyo Ekuwam Lynus Nakiporo | Ekomwa Lomenen James Joseph Akutaa Lotukoi IEBC | Justice Daniel Ogembo | |
89. | Turkana West | Lodwar High Court Election Petition No. 3 of 2017 | Patrick Losike Lokaimoe | 1. Daniel Epuyon Nanok 2. Patrick Wanyama Wanyonyi 3. IEBC | Justice Daniel Ogembo | - Application for production of election materials, admission of further affidavits, scrutiny, recounts and audit of all the returns and forms of the Turkana West Parliamentary Election. -Application for re-allocation of Election court to a neutral venue for fair trial totake place other than Turkana County. |
90. | Turkana East | Lodwar High Court Election Petition No. 6 of 2017 | Nixon Ngikor Nicholas | IEBC Alfred K. Ronoh Ali Lokiru Mohammed | Justice Daniel Ogembo | |
UASIN GISHU | ||||||
91. | Nandi Hills Constituency | Eldoret High Court Election Petition No. 1 of 2017 | Robert Kibet Kemei | Alfred Kiptoo Keter IEBC | Justice George Kimondo | -Application for leave to withdraw the petition. -Petition challenging Election of 1st Respondent as Member of National Assembly for Nandi Hills Constituency. Court of Appeal-Being an appeal from the Judgment of the High Court of Kenya at Eldoret (Kimondo, J.) delivered on the 1st of March, 2018 IN THE MATTER OF HIGH COURT OF KENYA AT ELDORET in Election Petition No. 1 of 2017. - Appeal allowed Judgment Delivered 11.7.2018. |
92. | Marakwet East | Eldoret High Court Election Petition No. 2 of 2017 | Sammy Kemboi Kipkeu | IEBC Martin Wekesa Bowen Kangogo | Justice George Kimondo | -Application for scrutiny. -Petition challenging election of 3rd Respondent as Member of National Assembly for Marakwet East Constituency. -Petition Allowed 3rd Respondent was not validly elected as the Member of the National Assembly for Marakwet East Constituency. Judgment Delivered 27.2.2018 Court of Appeal- (Appeal from the Judgment of the High Court of Kenya at Eldoret, (Honorable K. Kimondo, J) delivered on the 27th of February, 2018 in Election Petition No. 2 of 2017). -Appeal allowed Judgement Delivered 12.7.2018. |
VIHIGA | ||||||
93 | Vihiga Constituency | Kakamega High Court Election Petition No. 7 of 2017 | Emily Nyabuto | IEBC Isaac Ruto Ernest Kivayu Ogesi | Justice David Majanja | - Application seeking leave to withdraw the petition. - Failure to serve Respondents with application to withdraw petition. Petition dismissed, costs to the Respondents Ruling Delivered 2.11.2017. |
WAJIR | ||||||
94. | Wajir East Constituency | Garissa High Court Election Petition No. 1 of 2017 | Mohamed Mohamud Sheikh | IEBC Abdikadir Sheikh Abdi Rashid Kasim Amin | Justice James Wakiaga | -Petition challenging the outcome of the election of Wajir East -Petition challenging election of the 3rd Respondent as Member of National Assembly for Wajir East Constituency. |
95. | Wajir West Constituency | Garissa High Court ElectionPetition No. 4 of 2017 | Abdirahaman Ibrahim Mohamud | Mohamed Hamed Kolosh IEBC Xassin Abdikarim Hirei | Justice Francis Tuiyott | - Petition challenging election of 1st Respondent as a Member of National Assembly for Wajir West Constituency. |
96. | Tarbaj Constituency | Garissa High Court Election Petition No. 6 of 2017 | Idris Abdi Abdulahi | Ahmed Bashani IEBC Siyat Mahat Sabul | Justice Margaret Muigai | -Application for recount of all votes in Kajaja II, Berjini Dam, Haragal - Application for dismissing petition for want of compliance with mandatory requirements of Section 78(1) of the Elections Act. - Directions on preservation, storage and custody of election materials for purpose of scrutiny.Ruling Delivered 6.12.2017 - Preliminary objection to the Petitioner’s testimony. -Application to allow and admit the copies of affidavits as part of evidence. - Application for production of the CD video to be admitted as evidence. -Petition challenging election of 1st Respondent as a member of parliament for Tarbaj Constituency (Wajir County) Court of Appeal-Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Muigai, J.) dated 2nd March 2018 In Garissa HC. EP. No. 6 of 2017. |
WEST POKOT | ||||||
97. | Kacheliba Constituency | Kapenguria High Court Election Petition No. 1 of 2017 | John Lokitare Lodinyo | IEBC Bonventure Okochi Obungoya Mark Lomunokoi | Justice Stephen Githinji | -Application for production of original forms 35As form 35Bs, the polling station diaries and the KIEMS kits for scrutiny and audit for parliamentary election in Kacheliba constituency. -Application dismissed with costs to the Respondents. Ruling Delivered 29.11.2017. -Petition challenging election of 3rd Respondent as Member of National Assembly for Kacheliba Constituency. |
98. | Pokot South Constituency | Kapenguria High Court Election Petition No. 2 of 2017 | Stephen Kolimuk | IEBC Jumah Mugwanga David Losiakou Pkosing | Justice Stephen Githinji | -3rd Respondent preliminary objection that court lacks jurisdiction to entertain the application to enlarge time and that application is fatally defective, incompetent, abuse of court process should be dismissed. -Preliminary objection allowed, petition struck out with cots to the Respondents.Ruling Delivered 23.11.2017 |
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