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.
- Notice of Motion to be dealt with after the pre-trial conference directions set for the 4.10.17 Ruling Delivered 4.10.2017.


-Application seeking to amend the Petition and to introduce supplementary affidavits by experts.
-1st, 2nd & 3rd Respondents’ Preliminary Objection
on the application terming it as incompetent, abuse
of court process, res judicata, superfluous and fatally defective, be struck out.
Preliminary Objections granted to the extent only that
the Petition may not be amended if it is sought, Costs in the Cause.
Ruling Delivered 23.10.2017


-Application for leave to introduce more witnesses
(Expert witnesses), to amend the petition and to scrutiny,
verify of the ballot boxes KIEMS Kits at interlocutory stage.
-Application partly allowed.Ruling Delivered 4 .12.2017


- Petition challenging election of 3rd Respondent as a Member of the National Assembly for Eldama Ravine Constituency.
- Petition dismissed. Judgment Delivered 2.3.2018.

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 seeking to file further affidavits Ruling Delivered 31.10.2017.


-Application for contempt for failure to supply Forms 33 and Form 41.
-Application dismissed.Ruling Delivered 11.1.2018


- Petition challenging election of 3rd Respondent as a Member of National Assembly Baringo North Constituency.
- Petition dismissed. Judgment Delivered 5.3.2018.

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.
-Application Dismissed. Ruling Delivered 23.1.2018

 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 Court

Being 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.
Application allowed, conservatory order issued.Ruling Delivered 7.9.18

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.
-Petition dismissed, 3rd Respondent was validly elected as Member of National Assembly for Kimilili Constituency. Judgment Delivered 20.2.2018

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.
- Application partially succeeded Ruling No. 5 Delivered 22.12.2017


- Petition challenging election of 1st Respondent as Member of Natonal Assembly Elections for Sirisia Constituency, Bungoma County.
- Petition dismissed with costs. Judgment Delivered 22.2.2018

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
-Application Dismissed. Ruling Delivered 23.1.2018

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.
- Petition dismissed. Judgment Delivered 30.1.2018

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
under Article 87(3) of the Constitution, section 77(2) of
the Elections Act 2011 (“the Act”) and Rule 4 and 10(1) of
the Elections (Parliamentary and County Elections) Petition
Rules 2017 (“the Rules”).
1st Respondent’s Notice of Motion dismissed with costs to the Petitioner. Ruling Delivered 16.10.2017


Application by the Petitioner that court to order
the Officer Commanding Station (OCS), Malaba Police
Station and the Divisional Criminal Investigations Officer
(DCIO) for Teso North within Busia County to table their investigation report on the electoral offences alleged to have been committed in the petition dated 30th August, 2017.
Application dismissed Ruling Delivered 13.11.2017


-Application for recount and scrutiny for all election
materials used in all the polling stations in Teso North
Constituency in the General Elections held on 8th August, 2017.
Application dismissed.Ruling No.4 Delivered 15.1.2018


-Petition challenging election of the 1st Respondent as Member of  National Assembly for Teso North  Constituency.
-Petition dismissed, 1st Respondent was validly elected as Member of the National Assembly for Teso North Constituency. Judgment Delivered 26.2.2018

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.
Application allowed and the response deemed as filed on payment of the requisite fees, costs be in the petition.Ruling Delivered 23.10.17


-Petition challenging election of 1st Respondent as a Member
of National Assembly for Teso South Constituency.
- Petition dismissed with costs. Judgment Delivered 31.1.2018


 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)
Notice of appeal struck out. Order Dated 21.6.18

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.
- Petition dismissed with costs.Judgment delivered 14.2.2018

 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)
Appeal dismissed with costs to the Respondents. Judgment Delivered 31.7.18

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
of National Assembly Dadaab Constituency Garissa County.
Petition Dismissed.Judgment Delivered 2.3.2018

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.
- All prayers disallowed save for prayer No. 2 allowed for a read access only to specific polling stations
Ruling Delivered 6.10.2017.


-Petition challenging election of 3rd Respondent as Member of National Assembly for Garissa Township Constituency
-Petition Dismissed. 3rd  Respondent was validly elected as member of Garissa Township Constituency. Judgment Delivered 27.2.2018.

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
to come on record and leave to file further affidavits be granted.
Application dated 29th October 2017 dismissed with costs
to the Petitioners, save for admission of Yano & Co Advocates.
Ruling Delivered 30.10.17


-Application for scrutiny and audit of forms 35A, 35B
 and all election materials used in all the 148 polling
stations within Kajiado West Constituency.
-Application allowed.Ruling Delivered 29.11.2017


-Petition challenging election of 3rd Respondent as Member of National Assembly for Kajiado West Constituency.
-Petition Dismissed.3rd Respondent was validly elected as Member of Natitonal Assembly for Kajiado West Constituency. Judgment Delivered 28.2.2018.

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.
4th Respondent’s Preliminary Objection dismissed, costs to await the outcome of the petition.Ruling Delivered 23.10.17


- Petitioner's and 4th Respondent oral applications asking the court to grant them leave to file additional affidavits before the hearing of the petition.
- Applications allowed Ruling Dated 24.10.2017.


-Application for scrutiny.
- Application allowed, scrutiny order to cover all the 124 (one hundred twenty four) polling stations.Ruling Delivered 23.11.2017


-Application for review, discharge and or set aside orders of
5th December, 2017 on scrutiny exercise conducted under supervision
of Deputy Registrar.
-Application partly allowed applicant’s notice of motion
dated 6th December, 2017 dismissed.Ruling No.4 Delivered 11.12.2017


- Petition challenging election of 3rd Respondent as a Member of Parliament for Butere Constituency within Kakamega County.
- Petition dismissed. Judgment Delivered 16.2.2018


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.
Appeal dismissed with costs to the 1st, 3rd and 4th Respondents. Judgment Dated 14.5.2018

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)
Notice of Appeal struck out under Rule 84 Court of Appeal Rules as read with Rule 4(2) Court of Appeal (Election Petition) Rules, 2017 Order dated 21.6.18

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.
- Preliminary objection allowed.
- Petition struck out, costs to the 1st , 3rd and 4th Respondents.
Ruling Delivered 23.10.17


- 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) MNA
-Application allowed.Ruling Delivered 7.12.2017


-Preliminary objection which seeking to expunge affidavits
and responses filed by the 1st and 2nd Respondents for non-service.
-Process server or advocate to file an affidavit of service as a matter of urgency.Ruling Delivered 18.12.2017


 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)
Leave granted to Appellant to serve supplementary rules of appeal within 10 days. Order dated on 22.2.18

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
of the general elections in respect of the Member of National Assembly for
Luanda Constituency 99 polling stations.
Application dismissed with no orders as to costs. Ruling Delivered 21.11.2017


- Petition challenging election of 3rd Respondent as the Member of the National Assembly for Luanda Constituency within Kakamega County.
- Petition dismissed with costs to the Respondents. Judgment Delivered 16.2.2018


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.
- Record of appeal struck out Judgment Delivered 19.7.2018.  

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.
-Petitioner granted leave to withdraw Ruling Delivered 16.1.2018

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
- Notice of motion dismissed with costs to the Respondents Ruling Dated 2.11.2017.


- Preliminary objection seeking to strike out petition and supporting affidavit.
- Petition struck out with costs to the Respondents Ruling Delivered 2.11.2017.

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
copies in support for scrutiny, recount and to ascertain the authenticity.
Application allowed. Ruling Delivered 20.11.2017


-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.
-Application dismissed with costs to the Respondents. Ruling Delivered 25.1.2018


  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)
Notice of Appeal struck out Order dated 21.6.18

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
in Shinyalu Constituency, ballot papers, counter-foils,
registers, KIEMS and poll day diaries used in Shinyalu Constituency,
Member of National Assembly Elections.
-Application dismissed.Ruling Delivered 20.12.2017


- Petition challenging election of 3rd Respondent as the Member of Parliament for Shinyalu Constituency, Kakamega County.
- Petitions dismissed, costs to the Respondents Judgment Delivered 19.2.2018.

 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)
Appeal dismissed with costs. Judgment Delivered 19.7.18

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
- Prayer that the affidavits attached to the Application be
deemed as duly filed and forming part of the court record.
- Application for striking out some of the paragraphs
in the petitioner's petition and supporting affidavit.
Ruling Delivered 30.10.17


- 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 disallowed and dismissed, coststo be in the cause Ruling Delivered 11.10.2017


- 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.
- Petition struck out, costs awarded to the Respondents Ruling Delivered 2.11.2017.


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.
Appeal allowed Judgment Dated 10.5.2018.

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.
- Application seeking to substitute a party under Article 87 (a) of the constitution, sections 109 (1) (f) and (2) of the Elections Act and rule 24 of the Elections (Parliamentary and county) Petition Rules, 2017.
- Petitioner allowed withdrawing as a petitioner, leave to withdraw the entire petition denied.
- Application for substitution of petitioner allowed.Ruling Delivered 30.10.2017.


Directions Ruling Delivered 13.11.2017.


- Petition challenging Election of member of the National Assembly for Kilifi North constituency.
- Petition struck out with costs. Ruling Delivered 18.12.2017

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
-Petition struck out. Costs awarded to the Respondent Ruling Delivered 17.1.2018

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.
- Application premature Ruling Delivered 3.11.2017.


-Petition Challenging 4th Respondent as duly elected member of Malindi Constituency
-Petition dismissed for non-service and failure to pay court fees. Ruling Delivered 20.12.2017

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.
- Petition dismissed. Judgment Delivered 22.2.2018

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.
- 1st & 2nd Respondents be compelled to preserve, maintain and keep in safe custody all but not limited to original Forms 35As, 35Bs, polling station diary for Bomachoge Chache constituency.
- Leave for the Petitioner to file supplementary affidavits to support the petition.
- Application dismissed
Ruling Delivered 19.10.17


- 3rdrespondent’s objection in respect to documents attached
to the petitioner’s affidavit as annextures but neither marked nor
executed by a commissioner for oaths.
- Petitioner to be limited to refer only to those
annextures that are properly marked as exhibits,
rest of the objections dismissed Ruling Delivered 21.11.2017


-Oral application for leave to file an application for scrutiny
under Rules 28 and 29 of the Elections (Parliamentary and County Elections
Petitions) Rules 2017
Court reserves its views on the intended application until the same
is filed and argued.Ruling Delivered 6.12.2017


-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.
- Petition dismissed. Judgment Delivered 22.2.2018


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.
Appeal struck out with costs to the Respondents Judgment Delivered 18.7.2018.  

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.
-Petition Dismissed. 3rd Respondent was validly elected as the Member of National Assembly for Bonchari Constituency. Judgment Delivered 27.2.2018.

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.
Petition dismissed with costs to the Respondents. Judgment Delivered 20.2.2018.

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
safe storage and preservation of inter-alia the Ballot Boxes,
KIEMS Kits, Electronic Data arising therefrom, original statutory
Forms 35A’s and 35B, the polling stations/day diaries, relating
to and/or touching on polling stations and Elections of the Member
of the National Assembly, Nyaribari Chache Constituency.
Application dated 29th September 2017 allowed.Ruling Delivered 6.11.2017


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
the affidavit in support of the petition by
the Petitioner contravenes Section 5 of the Oaths
and Statutory Declarations Act since the exhibits
annexed to the affidavit of 1st Petitioner are marked
as being in the affidavit of Chris Munga, who it is
submitted is a strange person.
-Preliminary objection dismissed.Ruling Delivered 30.11.2017


-Oral application seeking directions on an application
dated 30th November, 2017 seeking to file missing exhibits.
-Application by 1st, 2nd and 3rd Petitioner for adjournment
 on basis that Counsels seized of the conduct of trial are
engaged elsewhere.
-Application struck out, petition to proceed to hearing as scheduled.Ruling Delivered 30.11.2017


-Application to introduce analysis of KIEMS kit in court so
 that information can be part of the record.
Application dismissed.Ruling Delivered 30.11.2017


-Preliminary objection by 3rd Respondent objecting the
production of the annexture in the 2nd and 3rd Petitioner's Petition.
-Objection allowed, documents expunged from the record.Ruling Delivered 5.12.2017


-2nd and 3rd Respondents reliance on expunged documents from the record of court.
Expunged documents no longer forms part of the evidence in support of the Petitioner's case. Ruling Delivered 19.12.2017


-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
safe storage and preservation of inter-alia the Ballot Boxes,
KIEMS Kits, Electronic Data arising therefrom, original statutory
Forms 35A’s and 35B, the polling stations/day diaries, relating
to and/or touching on polling stations and Elections of the Member
of the National Assembly, Nyaribari Chache Constituency.
Application dated 29th September 2017 allowed.Ruling Delivered 6.11.2017


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
the affidavit in support of the petition by the Petitioner
contravenes Section 5 of the Oaths and Statutory Declarations
Act since the exhibits annexed to the affidavit of 1st Petitioner
are marked as being in the affidavit of Chris Munga, who it is submitted
is a strange person.
-Preliminary objection dismissed.Ruling Delivered 30.11.2017


-Oral application seeking directions on an application
dated 30th November, 2017 seeking to file missing exhibits.
-Application by 1st, 2nd and 3rd Petitioner for adjournment
 on basis that Counsels seized of the conduct of trial are
engaged elsewhere.
-Application struck out, petition to proceed to hearing as scheduled.Ruling Delivered 30.11.2017


-Application to introduce analysis of KIEMS kit in court so
 that information can be part of the record.
Application dismissed.Ruling Delivered 30.11.2017


-Preliminary objection by 3rd Respondent objecting the
production of the annexture in the 2nd and 3rd Petitioner's Petition.
-Objection allowed, documents expunged from the record.Ruling Delivered 5.12.17


-2nd and 3rd Respondents reliance on expunged documents from the record of court.
Expunged documents no longer forms part of the evidence in support of the Petitioner's case.Ruling Delivered 19.12.2017


-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,
statutory Forms 35A in accordance with Rule 29 (4) of the Election
(Parliamentary and County Elections) Petition Rules, 2017 concerning
the elections of Member of National Assembly South Mugirango
Constituency held on August 8, 2017.
-Application dismissed.Ruling Delivered 21.12.2017


- Petition challenging election of 3rd Respondent as a member of National Assembly for South Mugirango Constituency.
- Petition dismissed. Judgment Delivered 2.3.2018.

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
material used in the Mwingi North Constituency Parliamentary
Election held on the 8th day of August 2017 and recount, scrutiny
and audit of all the ballot papers and or votes be undertaken.
-Application partly allowed. Prayer 2 held in abeyance until a primafacie case has been established.Ruling Delivered 9.11.2017


-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
Member of National Assembly, Mwingi North Constituency.
Petition dismissed Judgment Delivered 31.1.2018

-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
Member of National Assembly for Kitui South Constituency.
-Petition dismissed
Judgment Delivered 24.1.2018

Appeal from the Judgment and order of the High Court of Kenya at Kitui (L.Mutende,J), Appeal Dismissed.Judgment Delivered 8.6.2018

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
that the affidavit in support of the Petition and witnesses affidavits
be struck out for being served out of the prescribed timelines for service.
Application dismissed, 3rd Respondent to bear their costs of the Notice of Motion.
Ruling Delivered 24.10.17


- 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.
-Preliminary objection upheld, photograph inadmissible as evidence.Ruling Delivered 23.11.2017


-Petition challenging election of the 3rd Respondent as
the Member of the National Assembly for Kitui East Constituency.
-Petition dismissed.Judgment Delivered 9.2.2018

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.
- Petition allowed, 3rd Respondent was not validly elected as Member of the National Assembly for Lamu West Constituency. Judgment Delivered 21.2.2018

 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
of supplementary affidavit and certificates by the Petitioner as
they introduce amendments to the Petitioner’s Petition through the 
back door in that no leave of court had been sought.
Respondents objections allowed, two certificates struck
out and expunged from the record.
Ruling Delivered 31.10.2017


-Application for production of all election materials
used in the Machakos Town Constituency Member of
National Assembly election for access and scrutiny.
-Application partly allowed.Ruling Delivered 15.11.2017


– Request seeking for adjournment in the hearing of the petition which was to start in earnest.
-Request granted.Ruling Delivered 21.11.2017


– Application for an order for scrutiny and recount for all election materials used in Member of National Assembly elections Machakos Town Constituency.
- Application dismissed. Ruling Delivered 25.1.2018

Petition challenging election of 3rd respondent as Member of National Assembly for Machakos Town Constituency.
Petition dismissed with costs to the Respondents.Judgment Delivered 28.2.2018

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
out of the petition.
Application dismissed with costs. Ruling Delivered 10.11.2017


- 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
to the presiding officers at all polling stations for Yatta constituency.
-Application dismissed.Ruling Delivered 21.12.2017


-Petition challenging election of 3rd respondent as Member of National
Assembly for Yatta constituency of the Machakos County.
-Petition dismissed.Judgment Delivered 19.1.2018

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
of all the returns of the election of the member of the
National Assembly KIBWEZI EAST CONSTITUENCY.
-Application for an order for scrutiny of the electronic
technology used in the parliamentary election respectively.  
Application allowed.
Ruling Delivered 10.11.2017


Draft issues Delivered 10.11.2017


Directions Delivered 10.11.2017


Order Delivered 10.11.2017


- Application for scrutiny
- Application dismissed, Costs to abide the outcome of the Petition. Ruling Delivered 1.2.2018


- Petition challenging the election of 3rd Respondent as a Member of National assembly for Kibwezi East Constituency.
- Petition dismissed. Judgment Delivered 2.3.2018.

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.
Applications allowed.Ruling Delivered 30.11.2017


-Application for scrutiny and recount of the votes cast and
recorded in the Election conducted in Mandera North Constituency
for the position of Member of the National Assembly.
-Application partly allowed.Ruling Delivered 16.1.2018

-Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera North Constituency.
-Petition Dismissed.3rd Respondent was validly elected as Member of Natitonal Assembly for Mandera North Constituency. Judgment Delivered 27.2.2018.

 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)
Appeal dismissed with costs to the Respondents. Judgment Delivered 31.7.18

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,
the packets of counterfoils of used ballot papers, the packets of counted
ballot papers, the packets of rejected ballot papers, the statement showing
the number of rejected ballot papers in all polling stations in Arabia Ward.
- Application partially allowed.Ruling Delivered 10.1.2018


-Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera East Constituency.
-Petition Dismissed.3rd Respondent was validly elected as Member of Natitonal Assembly for Mandera East Constituency. Judgment Delivered 27.2.2018.

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.
-Application for disqualification of Kago, Muthama & Company Advocates representing 4th & 5th Respondents.
-Application allowed, order of injunction granted, Kago, Muthama & Company Advocates restrained from representing the 4th respondent in the appeal Ruling Delivered 27.6.2018.  

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,
the packets of counterfoils of used ballot papers, the packets of counted
ballot papers, the packets of rejected ballot papers, the statement showing
the number of rejected ballot papers in all polling stations in Arabia Ward.
- Application partially allowed.Ruling Delivered 10.1.2018


-Petition challenging election of 3rd Respondent as Member of Natitonal Assembly for Mandera East Constituency.
-Petition Dismissed.3rd Respondent was validly elected as Member of Natitonal Assembly for Mandera East Constituency. Judgment Delivered 27.2.2018.

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
 placed on the ballot boxes in respect to the elections of Buuri
Constituency
- Application for directing and/or ordering the 2nd & 3rd Respondents
 to provide the court and the petitioner with Forms 35A, 35B, 35C,
official & certified poll results and voters register for Buuri
Constituency for Member of Parliament.
Ruling Delivered 17.10.17


-Application for granting leave for Petitioner to
 file supplementary affidavit together with particulars
sought for by the 3rd Respondent.
-Application denied, supplementary affidavit struck out.Ruling Delivered 4.12.2017


-Application for scrutiny and recount.
Application allowed.Ruling Delivered 8.2.2018


-Petition challenging the election of 3rd Respondent as a Member National Assembly of Buuri Constituency.
Petition dismissed.Judgment Delivered 15.2.2018

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.
- Petition dismissedwith costs. Judgment Delivered 25.1.2018

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.
-Application dismissed Ruling Delivered 30.11.2017


-Petition Challenging election of Member of Parliament for Isiolo South Constituency held on 8th August, 2017.
- Petition Dismissed. Judgment Delivered 24.1.2018

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,
the accompanying certificates and Affidavit out of time.
-Application dismissed with costs to the Respondents.Ruling Delivered 27.11.2017


- 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. 
- Application allowed. Ruling Delivered 18.1.2018

-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
the duly elected member of the National assembly
for Nyatike Constituency.
-Petition dismissed. Judgment Delivered 10.1.2018

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
and Poll Clerks affidavits annexed to the Returning Officer’s supplementary
affidavit admitted as part of the response by the 1st and 2nd respondents.
-Application allowed.Ruling Delivered 9.10.2017


-Preliminary objection to adduce evidence relating to paragraphs
of the affidavit sworn by a witness.
-Objection overruled.Ruling No. 2 Delivered 24.10.2017


-Preliminary objection to adduce evidence based on certain
paragraphs of the witness affidavit that as voter she has disclosed
the candidate she wanted to vote for in the electoral position of the
President of Kenya and the Member of Parliament for Changamwe Constituency.
- Objection declined.Ruling No. 3 Delivered 1.11.2017


-Preliminary objection to the production of a video clip by a witness.
-Objection sustained.Ruling No. 4 Delivered 2.11.2017


- 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.
- Application allowed. Ruling No. 5 Delivered 12.1.2018

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.
- An order of scrutiny issued Ruling Delivered 8.11.2017


- Application for striking out /or alternatively and without prejudice dismiss the petition.
- Application dismissed Ruling Delivered 8.11.2017.


-Petitioner’s preliminary objection that the responses were filed out of time and without leave of the court.
- Application for extension of time prescribed or limited for filing a Response to the Petition under Rule 11 of the Elections (Parliamentary and County Elections) Petition Rules 2017.
- Preliminary Objection dismissed, applications by the 1st, 3rd & 4th Respondents’ allowed Ruling Delivered 8.11.2017.


- Petition challenging election of 4th Respondent as Member of National Assembly for Likoni Constituency.
-Petition Dismissed. 4th Respondent was validly elected as the Member of National Assembly for Likoni Constituency. Judgment Delivered 2.3.2018.

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
Director of Criminal Investigations (DCIO) Mombasa in regard to the
shooting incident that took place.
Application dismissed.Ruling Delivered 12.1.2018


- Petition challenging election of 1st Respondent as a Member of National Assembly for Nyali Constituency.
- Petition dismissed with costs to the Respondents. Judgment Delivered 23.2.2018

 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.
-Petition Dismissed.1st Respondent was validly elected as the Member of National Assembly for Kisauni Constituency. Judgment Delivered 5.3.2018.

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 dismissed.Ruling Delivered 24.11.2017


-Application for scrutiny, audit of all the returns,
system and technology used  by the 1st Respondent in the Embakasi
Central Constituency, Member of National Assembly elections including
but not limited to forms 35A, 35B,35C, kiems kit, servers and website portal.
- Scrutiny allowed to particular polling stations. Ruling Delivered 11.12.2017


-Petition Challenging election of 3rd Respondent as Member of Natitonal Assembly for Embakasi Central Constituency within Nairobi County.
-Petition Dismissed. 3rd Respondent was validly elected as Member of National Assembly for Embakasi Central Constituency Judgment Delivered 28.2.2018.

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.
- Petitioners applications disallowed, Respondents motions allowed.
Ruling Deliverd 18.10.17


- Application for scrutiny, access to the KIEMS devices logs and all election materials.
-Application allowedRuling Delivered 12.2.2018


- Petition challenging the election of 1st Respondent as a Member of National Assembly of Embakasi East Constituency.
- Petition allowed, election of 1st Respondent annulled. Judgment Delivered 2.3.2018


Court of Appeal

Appeal 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
material and Electronic device(s) used in Embakasi North Constituency
Member of National Assembly elections.
Petitioner be supplied with certified copies of forms 35A and 35B
in respect of all the polling stations in Embakasi North Constituency.Ruling Delivered 18.10.2017


Direction/Ruling Delivered 15.11.2017


-Petition challenging election of 3rd Respondent as a Member of
Parliament Embakasi North Constituency Nairobi County.
-Petition Dismissed with costs to the Respondents.Judgment Delivered 2.3.2018

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
for being fatally and incurably defective under Rule 2 of The
Elections (Parliamentary and County Elections) Petition Rules, 2017.
-Application declined.Ruling Delivered 8.11.2017


-Oral application by the Petitioner seeking an order to summon
the deponent of the Affidavit sworn in support of the 1st Respondent’s
Response to be cross examined.
-Application allowed.Ruling Delivered 6.12.2017


-Application seeking for an order for scrutiny and recount and/or
tallying of all the votes cast in the Constituency on 8th August, 2017.
-Application allowed . Ruling Delivered 18.1.2018


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.
 Application allowed, conservatory order issued.Ruling Delivered 7.9.18

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,
more specifically within ninety six (96) hours.
Petition dismissed with costs to the Respondents.Ruling Delivered 9.11.2017

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
of a photograph of an alleged computer screenshot of the
2nd Respondent’s alleged computer.
Objection dismissed.Ruling Delivered 3.11.2017


-Petition Challenging election of the 1st Respondent
as Member of National Assembly for the Ruaraka Constituency.
Petition dismissed.Judgment Delivered 16.1.2018

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.
- Videos inadmissible in evidence Ruling No. 2 Delivered 16.11.2017


-Application for leave to file an affidavit.
Application rejected.Ruling No. 4 Delivered 23.11.2017


-Petition challenging election of the 3rd Respondent as Member of the National Assembly for Starehe Constituency.
-Petition dismissed, 3rd Respondent was validly elected as Member of the National Assembly for Starehe Constituency. Judgment Delivered 26.2.2018

 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.
Appeal dismissed.Judgment Delivered 17.8.18

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
election materials including Integrated Electoral Systems Kits (KIEMS)
and KIEMS GPRS used in the parliamentary election for the member of National Assembly Langata Constituency held on 8th August, 2017 and order for scrutiny of all original Forms 35A.
- Application partly allowed, order for recount of votes cast issued.Ruling Delivered 22.1.2018


- Petition challenging election of 3rd Respondent as a Member of National Assembly for Langata Constituency.
- Petition dismissed. Judgment Delivered 27.2.2018.

 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.
Appeal dismissed.Judgment Delivered 17.8.2018

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.
- Petition dismissed. Judgment Delivered 22.2.2018

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.
Court Reluctantly adjourns proceedings until 1/12/2017.Ruling Delivered 21.11.2017


-Application for expunging paragraphs 6 and 7 of the petitioner’s affidavit.
-Preliminary objection dismissed.Ruling Delivered 5.12.2017


- 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.
 Preliminary Objection dismissed.
-Petition challenging election for Member of National Assembly held on 8th August, 2017 in Emurua Dikirr Constituency, Narok County
Petition dismissed Judgment Delivered 7.2.2018

76.

Kilgoris

Constituency

Narok High Court

ElectionPetition No. 1 of 2017

Julius Sunkuli

Gideon Sitelu Konchella

Elijah Ombogo

IEBC

Justice Martin

Muya

 Court of Appeal

An 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)
Appeal allowed.Judgment Delivered 31.7.18

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.
Application allowed, conservatory order issued.Ruling Delivered 7.9.18

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.
- Applications for 1st, 2nd and the 3rd Respondents allowed. Ruling Delivered 30.10.2017.


-Application to strike out petition for not being supported by supportive affidavits and witnesses’ affidavits after they were struck out and expunged from record.
-Application Allowed. Petition struck out. Ruling Delivered 14.12.2017.


 Court of Appeal

Being 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)
Application allowed, notice of appeal struck out Ruling Delivered 19.6.18


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)
Notice of Appeal struck out Order dated 19.6.18

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.
- Petition dismissed, 2nd Respondent was validly elected and gazetted as the Member of National Assembly for Kitutu Masaba Constituency. Judgment Delivered 22.2.2018

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 partly allowed, application to strike out petition dismissed Ruling Dated 24.10.2017


-Application to strike out the petitioner’s petition amended on 24th October 2017.
1st respondent’s motion dated 30th October, 2017 disallowed;
paragraphs 15, 17, 19, 27 and 54 of the affidavit in support
of the amended petition are struck out. Ruling Delivered 6.11.2017


-Application for scrutiny and recount of the votes cast in all
the polling stations in Mathira constituency for the election
of Member of National Assembly during the general elections held
 on 8th August, 2017.
-Application dismissed.Ruling Delivered 6.12.2017


-Petition challenging election of 1st Respondent
as Member of National Assembly Mathira Constituency Nyeri County.
-Petition dismissed.Judgment Delivered 2.2.2018

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.
- Application dismissed, 3rd respondent’s response filed struck out with costs to the petitioner Ruling Delivered 16.11.2017.


- 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
the Court of Appeal (Election Petition) Rules, 2017.
-3rd Respondent oral application for stay of proceedings.
Oral application for stay of proceedings is declined.Ruling Delivered 4.12.2017


-Petition Challenging Election of 3rd Respondent as Member of National Assembly for Ugenya Constituency in Siaya County.
-Petition Allowed. The 3rd Respondent was not validly elected as Member of National Assembly for Ugenya Constituency in Siaya County Judgment Delivered 1.3.2018.


  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 withdrawn. Order dated 19.6.2018


-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)
Notice of appeal struck out. Order dated 19.6.18

-    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.
Appeal dismissed with costs to the 1st Respondent.Judgment Delivered 16.8.18

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 dismissed, each party to bear their own costs.
Ruling Delivered 30.10.17


- Application for accessing information contained in KIEMS Kits used in all polling stations Gem constituency.
- Application allowed, costs of the application be in the cause. Ruling Delivered 30.10.17


-Application for recount, tallying and scrutiny of all
ballot papers, ballot boxes, Forms 35 A, forms 35 B and
all other election materials used during the elections for
Member of National Assembly, Gem Constituency held on 8th August 2017.
Application dismissed with costs to the Respondents.Ruling Delivered 7.12.2017


-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.
- Application allowed as prayed, Petitioner’s Petition struck out Ruling Delivered 16.11.2017.

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.
-Preliminary Objection dismissed with costs to the petitioner. Ruling Delivered 24.1.2018.


-Application for order of scrutiny, recount and re-tallying
of the votes cast in the polling stations.
-Partial scrutiny of votes cast limited to a recount
allowed to various polling stations.Ruling Delivered 31.1.2018

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 dismissed.Ruling Delivered 1.11.2017.


- 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.
- Application for court to grant leave to the Petitioner to file further Affidavit as well as the Affidavits for other witnesses.
- Application allowed in terms of prayer 7 and 8 Ruling Delivered 14.11.2017.

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 partly allowed. Ruling Delivered 15.11.2017.


-Application for re-allocation of Election court to a neutral venue for fair trial totake place other than Turkana County.
Application dismissed. Ruling Delivered 15.11.2017.

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.
-Application for substitution of the Petitioner.
Applications allowed.Ruling Delivered 23.11.2017


-Petition challenging Election of 1st Respondent as Member of National Assembly for Nandi Hills Constituency.
-Petition Allowed.1st Respondent was not validly elected as Member of National Assembly for Nandi Hills Constituency. Judgment Delivered 1.3.2018.


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.
Limited scrutiny of the votes cast at four polling stations granted.Ruling Delivered 29.11.2017


-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
Member of the National Assembly where 3rd Respondent was declared a winner.
-Petition dismissed with costs. Ruling Delivered 23.1.2018


-Petition challenging election of the 3rd Respondent as Member of National Assembly for Wajir East  Constituency.
-Petition dismissed, 3rd Respondent was validly elected as Member of the National Assembly for Wajir East Constituency. Judgment Delivered 22.2.2018

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.
- Petition allowed. Judgment Delivered 2.3.2018.

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
 Primary School, Leheley Centre and Gunana Primary School polling stations
be conducted and scrutiny of the votes cast and recorded, the rejected and
spoilt votes, the Kiems register and counterfoils of all ballot papers
issued at the polling stations to be conducted.
Court grants scrutiny in 2 of the 5 polling stations.Ruling Delivered 31.10.2017


- Application for dismissing petition for want of compliance with mandatory requirements of Section 78(1) of the Elections Act.
- Deputy Registrar /Executive Officer Garissa High Court to avail to Court the original Receipt Book where the instant receipt for security costs was extracted. Ruling 2 Delivered 29.11.2017


- 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 allowed.Ruling 4 Delivered 13.12.2017


-Application to allow and admit the copies of affidavits as part of evidence.
-Application allowed. Ruling 6 Delivered 17.1.2018


- Application for production of the CD video to be admitted as evidence.
Application dismissed. Ruling 7 Delivered 8.2.18


-Petition challenging election of 1st Respondent as a member of parliament for Tarbaj Constituency (Wajir County)
-Petition dismissed.Judgment Delivered 2.3.2018


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.
-Appeal dismissed Judgment Delivered 6.7.2018.  

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.
-Petition Dismissed. 3rd Respondent was validly elected as the Member of National Assembly for Kacheliba Constituency. Judgment Delivered 1.3.2018.

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