MAGISTRATES COURTS

BUNGOMA

Electoral Area Election Court & Election Pet. No. Petitioner(s) Respondent(s) Magistrate Court proceedings

1.

Khalaba

Bungoma Magistrates

CourtElectionPetition

No. 1 of 2017

Shitandi Edith Were

Henry Majimbo Okumu

Gregory Odhiambo Ouko

IEBC

Hon. John Kingori

-Application to put in further affidavit and additional evidence .
-Application Dismissed. Ruling Delivered 11.10.2017


-Application for scrutiny and recount of votes
-Application Dismissed Ruling Delivered 22.12.2017


-Petition challenging election of 1st Respondent as a Member of County Assembly Khalaba Ward of Kanduyi Constituency Bungoma County.
Petition dismissed.Judgment Delivered 8.2.2018

2.

Lwandanyi

Bungoma Magistrates

CourtElectionPetition

No. 2 of 2017

Daniel Makecho Ndalila

Barasa Tonny Khaoya

Kennedy Ochanyo

IEBC

Hon. Stephen

Mugute

- Application for scrutiny and recount in all the 42 polling stations in Lwandanyi ward of Sirisia constituency of Bungoma County.
- Application dismissed with costs. Ruling Delivered 18.1.2018.


-Petition challenging election of 1st Respondent as a member of County Assemby for Lwandanyi ward within Sirisia Constituency of Bungoma County.
Petition dismissed.Judgment Delivered 2.2.2018

3.

Township Ward

Bungoma Magistrates

CourtElectionPetition

No. 3 of 2017

Jeremiah Kuloba

Joseph Okhaba

Gregory Odhiambo Ouko

IEBC

Hon. Gabriel

Omondi

- Petition Challenging election of 1st Respondent as Member of County Assembly for Township Ward in Kanduyi Constituency.
Petition Dismissed. 1st Respondent was validly elected as Member of County Assembly for Township Ward in Kanduyi Constituency. Judgment Delivered 28.2.2018

4.

Bukusu Ward

Bungoma Magistrates

Court Petition No. 4 of

2017

Eliud Tenge

Nyongesa Erastus

IEBC

Nobert Kimei

Hon. George

King’ori

- Application for order of scrutiny and recount of votes for the election member of county assembly for West Bukusu Ward.
-Application declined. Ruling Delivered 9.2.2018.


-Petition challenging election of 1st Respondent as a Member of County Assembly West Bukusu Ward, Bumula Constituency Bungoma County.
Petition dismissed.Judgment Delivered 2.3.2018

 High Court

- Appeal from Ruling and Judgment of Original BGM ELC PET. No. 4 of 2017 Hon. J. King’ori (CM) delivered on 2nd  March, 2018)
Appeal dismissed with costs Judgment Delivered 26.7.18

5.

Kimilili Ward

KimililiMagistratesElect ion Petition No. 1 of

2017

Makhapila J E Mwangale

David Barasa Mabonga

David Nyongesa Namutali

Moses Lokuwom Munyes

IEBC

Hon Dickson

Onyango

- Application for seeking to withdraw the petition.
Petitioner failure to serve the Respondents with the petition within the period prescribed and failure to furnish security costs.
- Petition struck out Ruling Delivered 16.11.2017.

BUSIA

1

Amukura Central

Ward

Busia Magistrates

Court ElectionPetition

No.7 of 2017

Paul Odhiambo Okello

IEBC

Roselyne A. Onyango

Ouma Moses Pius

Hon. William

Chepseba

-Application to extend time, allowing the 3rd Respondent leave
to file and serve Respondents.
-Petitioner’s preliminary objection that court lacks jurisdiction
to extend time, allowing the 3rd Respondents leave to file and serve the Respondents.
Application allowed, Applicants to meet the costs of the suit.
Ruling Delivered 27.9.2017


-3rd Respondents application to strike out petition for to
comply with the mandatory provision of section 77(2) of the
Elections Act 2011 and Rules 10 and 12 (13) (4) and a of the Election.
(Parliamentary and County  elections) Petition Rules 2017 as pertain, to
 form and service of Election Petitions.
-Application allowed, Petition struck out with costs to the Respondents.Ruling Deliverede 23.1.2018

2

Bunyala Central

Busia Magistrates

Court Election Petition

No. 6 of 2017

Lucas Mugaji Osembo

IEBC

Felix Omanyi

Returning Officer Budalangi

Constituency

Hon. William

Chepseba

-Petition challenging election of 1st Respondent
as Member of County Assembly Bunyala Central ward.
-Petition dismissed. Judgment Delivered 2.2.2018


High Court

Being an appeal from the judgment in Busia Chief Magistrate’s Court Election Petition No.1 of 2017 by Hon. W.K Chepseba- Chief Magistrate
Appeal dismissed with costs Judgment Delivered 17.7.2018.  

3.

Bukhayo Central

Ward

Busia Magistrates

CourtElectionPetition

No.1 of 2017

Mpaka Jean Bosco

IEBC

Noah Bowen Kipkogei

Ekesa Milton Kassaman

Hon. William

Chepseba

-Petition challenging election of the 3rd Respondent as member for Bukhayo  Central  County Assembly Ward.
Petition dismissed with costs.Judgment Delivered 31.1.2018


High Court

-Being an appeal from the judgment in Busia Chief Magistrate’s Court Election Petition No.1 of 2017 by Hon. W.K Chepseba- Chief Magistrate.
Appeal dismissed with costs to the Respondents Judgment Delivered 17.7.2018.  

4.

Bukhayo East

Ward

Busia Magistrates

CourtElection Petition

No.5 of 2017

Aramis Makokha

Nakhone

Mukhana Laban Wanzala

IEBC

Kipkogei Bowen Noah

Hon. George

Wakahiu

-Petition challenging the election of the 1st respondent as the Member
of County Assembly for Bukhayo East County Assembly Ward.
-Petition dismissed.Ruling Delivered 19.10.2017

5.

Bukhayo

North/Walatsi

Ward

Busia Magistrates

CourtElectionPetition

No.8 of 2017

Yaite Philip Okoronon

Jakka Gardy Obara

Iebc

Hon. George

Wakahiu

-Application seeking leave to deposit security of costs out of time.
Application allowed, Petitioner to pay balance of ksh 40,000/=
within 2 hrs failure to that the petition will stand dismissed.
Ruling Delivered 18.10.2017


- Petition challenging election 1st Respondent as a member of county Assembly representative for Bukhayo North Walatsi Ward, Busia County.
-Petition dismissed. Judgment Delivered 20.2.2018

6.

Busibwabo Ward

Busia Magistrates

Court ElectionPetition

No. 4 of 2017

Zakayo Nyongesa

Harrisson

IEBC

Kipruto Kerich Jeremia

Busera George Mukhayaka

Hon. George

Wakahiu

-Petition challenging election of 3rd Respondent as
Member of County Assembly Busibwabo Ward of Matayos
Constituency, Busia County.
-Petition dismissed.Judgment Delivered 5.2.2018

7.

Bunyala Central

Ward

Busia Magistrates Court

Election Petition No. 3

of 2017

Okoba Johanes Boy

IEBC

Chairperson, IEBC

Hon. Omanyi Felix Opondo

Hon.W.Chepseba

-Application for striking out amended petition without leave and want
of compliance.
-Petition dismissed for want of security of costs and non-compliance.Ruling Delivered 5.12.2017


High Court

-Being an Appeal from the Ruling and Orders in Busia Chief Magistrate’s Court Election Petition No.3 of 2017 by Hon. W.K. Chepseba- Chief Magistrate.
Appeal dismissed with costs to the Respondents Judgment Delivered 29.5.2018.  

8.

Bunyala North

Ward

Busia Magistrates

Court ElectionPetition

No. 2 of 2017

Silvanus Juma

Fred Musirimba

IEBC

Peter Tiyo

Hon. George

Wakahiu

- Petition challenging election 1st Respondent as a member of county Assembly representative for Bunyala North Ward, Budalangi Constituency, Busia County.
- Petition dismissed. Judgment Delivered 20.2.2018

9.

Nanguba Ward

Busia Magistrates

Court ElectionPetition

No.9 of 2017

Ibrahim Aruna

Aramadhani

Evans Bwire Barasa

IEBC

Hon. Martha

Anyona.

-Petition challenging Election of Member of County Assembly for
Agenga Nanguba Ward, Funyula Constituency.
-Petition dismissed with costs.Judgment Delivered 31.1.2018


High Court

 (Being an appeal from the judgment in Busia Chief Magistrate’s Court Election Petition No.9 of 2017 by Hon. M.A Nanzushi- Senior Resident Magistrate).
-Appeal dismissed with costs to the Respondents Judgment Delivered 17.7.2018.  

EMBU

1.

Mavuria Ward

Embu Magistrates

Court Election Petition

No. 1 of 2017

Patrick Ngari Njeru

IEBC

Returning Officer, Mbeere South

John Ngari Mbaka

Hon. Maxwel

Gicheru

-Application for reviewing pretrial directions dated 14th November 2017 and/ or set aside the pretrial conference be rescheduled accordingly and extend time for the 3rd respondent to comply with Rules 12 (5) and (6) of the above cited Petition Rules.

Application dismissed with costs to the petitioner, 1st & 2nd Respondents. Ruling Delivered 11.12.2017


- Petition challenging the election of 3rd Respondent as Member of County Assembly for Mavuria Ward in Embu County.
-Petition Dismissed. 3rd Respondent was validly elected as member of Count Assembly for Muvuria Ward in Embu County. Judgment Delivered 1.3.2018

GARISSA

1.

Abakaile Ward

Garissa Magistrates

CourtElectionPetition

No. 1 of 2017

Abdiwahab Sheik Osman

Mohamed Ali Sheikh

Abdullahi Mohamed Ollow

Issack Muhumed Mohamud

IEBC

Hon. Cosmas

Maundu

-Applications seeking leave to file a response to the petition out of time.
Applications allowed.
-Application seeking leave to amend petition.
Application declined.
-Application for production of polling station diary for Kumahumato polling station 1.
Application dismissed with costs to the Respondents.Ruling Delivered 14.12.2017

2.

Damajale Ward

Garissa Magistrates

CourtElectionPetition

No. 2 of 2017

Jamal Abdi Hassan

Diriye Bare Abdi

IEBC

Isack Muhumed Mohamud-

Constituency Returning Officer

Dadaab Constituency

Hon. Cosmas

Maundu

-Application for striking out petition for non-compliance
with mandatory Provisions of Rule 8 and Rule 12 of the
Elections (Parliamentary and County Elections) Petition Rules 2017.
-Petition struck out.Ruling Delivered 13.12.17

3.

Fafi Ward

Garissa Magistrates

CourtElectionPetition

No. 3 of 2017

Ibrahim Mohamed Therar

Independent Electoral And

Boundaries Commission

Returning Officer Fafi

Constituency

Hassan Halanehaye

Hon. James Masiga

-Preliminary objection that failure by the Petitioner
to comply with Rules 8 (1) (c) and (d) and 12 (2) (c)
and (d) of the Election (Parliamentary and County Elections)
Petition Rules 2017 renders the petition fatally defective.
-Preliminary objection upheld, petition struck out Ruling Delivered 16.1.2018

HOMABAY

1.

Kagan

HomaBay Magistrates

CourtElection Petition

No. 1 of 2017

Odongo Victor Robert

IEBC

Returning Officer Kagan Ward,

Ezekiel Juma Otieno

Onyango Philemon

Hon. Thomas Obutu

-Preliminary objection on production of copies of the form 32 A, death certificates and burial permits as exhibits on the ground that they can only be produced by the makers.
- Application rejected Ruling Delivered 1.11.2017.


- Direction on who to take the court through the documents as affidavit Ruling Delivered 1.11.2017.


-Petition challenging election of the 3rd Respondent as Member of County Assembly for Kagan Ward within Homabay County
-Petition dismissed, 3rd Respondent was validly elected as Member of County Assembly Kagan Ward. Judgment Delivered 23.2.2018.

High Court

-Appeal from the judgment of Senior Principal Magistrate T. Obutu, made on the 23rd February 2018 in the Chief Magistrate’s Court at Homa Bay in the original Homa Bay CMCC Election Petition No.1 of 2017)
Appeal dismissed, costs to the Respondent Judgment Delivered 7.8.18

KAJIADO

1.

Kitengela Ward

Kajiado Magistrates

Court ElectionPetiton

No.1 of 2017

Nixon Karaine

Paul Matuya

Returning Officer Kajiado Easter

IEBC

Hon. Susan Shitubi

-Application for expunging and striking out paragraphs of the petition.
-Application dismissed with costs. Ruling Delivered 23.10.2017


-Application for scrutiny of Election materials.
Application rejected. Ruling Delivered 16.11.2017

2.

Oloolua Ward

Ngong Magistrates

Court ElectionPetiton

No.1 of 2017

Gor Eli Ochieng

Kimemia Martin Antony Njogu

IEBC

Saadi Noor Odowa

Agnes Siyato Nankeyay Returning Officer Kajiado North Constituency

Hon. Stephen

Mbungi

 

KAKAMEGA

1.

Chevaywa Ward

Kakamega Magistrates

CourtElectionPetition

No.6 of 2017

Barlex Samuel Juma Pius

IEBC

Returning Officer-Lugari

Constituency

Godfrey Baraza Wambulwa

Hon. Bildad

Ochieng’

-Application to strike out the further affidavit of the
Petitioner dated 24.10.2017 and all annextures thereto.
-Application allowed.Ruling Delivered 18.12.2017

2.

Idakho East Ward

Kakamega Magistrates Court

ElectionPetition No.5 of 2017

&

Election Petition No.3 of 2017

(Consolidated)

Shilenji Silas Muyeye

Benson Manuni Mulinya

Returning Officer Ikolomani

Constituency

IEBC

Clerk County Assembly of

Kakamega

Hon. E.Malesi

-Application whether 1st Petitioner can make an application for scrutiny and recount at interlocutory stage and/or at the hearing
of the petition and whether Response and Further Affidavit sworn by
the 1st Petitioner are properly on record.
-Directions- 1st Petitioner to make a formal application for
scrutiny and recount to be filed and served on or before 6/12/17.Ruling Delivered 1.12.2017


-2nd and 3rd Respondents preliminary objection for non-service.
Preliminary objection allowed.Ruling Delivered 12.1.2018


- Petitions challenging election of 1st Respondent as Member of County Assembly Idakho East Ward.
- Petitions dismissed. Judgment Delivered 16.2.2018

3.

Idakho East Ward

Joyce Mugasia Khadohi

IEBC

Hudson Salenoi –Returning

Officer

Mulinya Benson Manuni

Hon. E. Malesi

4.

Khisa Ward

Mumias Magistrates

Court Election Petition

No. 1 of 2017

Jane Naicar Eshuchi

Maurice Swaka

Eric Omondi

IEBC

Hon. Teresia Odera

- petition challenging the election of 1st Respondent
- Petition struck out for failure to deposit security of costs
Ruling Delivered 11.10.2017

5.

Mahiakalo Ward

Kakamega Magistrates

CourtElection Petition

No. 2 of 2017

Dennis Duncan Muhanda

IEBC

Elida Adhiambo Ochieng

(Returning Officer Lurambi

Constituency)

Muhati David Shikala

Hon. Malesi Kidali

-Application for leave to withdraw the petition
-Application allowed. Ruling Delivered 25.1.2018

6.

Marama North

Ward

Butere Magistrates

Court Election Petition

No. 1 of 2017

Mbayi Sayyed Omsiritsa

Nancy Iyadi

IEBC

Nandwa Charles Edwin Lisunu

Hon. Felix Makoyo

-Application seeking Petition to be dismissed and/or struck out for failure to comply with mandatory provisions of the law.

- Petition struck out Ruling Delivered 9.11.2017


An appeal from the by Hon Felix Makoyo, Senior Resident Magistrate at Butere Law Courts.
Appeal allowed, petition remitted back to the trial magistrate for the hearing and determination on merits.Judgment  Delivered 21.5.2018

7.

Mayoni Ward

Mumias Magistrates

Court Election Petition

No. 2 of 2017

Kongoti Ronald Anzelimo

Juma Lubinus Oduor

IEBC

John K. Kirui (Returning Officer

Matungu Constituency)

Hon. Charity

Kipkorir

- Preliminary objection dismissing Petition for failure to comply with rule 11 and 12 of the Election Petition (County and Parliamentary) Rules 2017 as with the mandatory provisions of section 78 of the Elections Act.
- Petition struck out, Respondents awarded costs of the petition Ruling Delivered 23.10.2017.

8.

Muhundu Ward

Kakamega Magistrates

Court Election Petition

No. 1 of 2017

Boniface Shanga

Amunyanyi

Returning Officer Hamisi County

IEBC

Calystus Ayodi Amuhaya

Hon. Maureen

Nabibia

- Petition challenging election of 3rd Respondent as a Member of the County Assembly Muhudu ward Hamisi Constituency within Kakamega County.

- Petition dismissed, with costs to the Respondents. Judgment Delivered 31.1.2018

9.

Likuyani Ward

Kakamega Magistrates

Court Election Petition

No. 8 of 2017

Kyadiva Bright Lidagai

IEBC

Enock Otara – Returning Officer

Mafunga Brian

Hon Evans Muleka

 

10.

Isukha East

Kakamega Magistrates

Election Petition No. 10

of 2017

P A

IEBC

Returning Officer – Shinyalu

Constituency

Edward Chimwani

Hon. Malesi Kidali

-Application for summons for examination (an cross-examination
as may be deemed fit) a witness Deputy Presiding Officer Bukusi
Primary School as pertains the birth certificate to a child.
-Application dismissed.Ruling Delivered 1.12.2017

11.

Sango Ward

Kakamega Magistrates

ElectionPetition No. 11

of 2017

Walter Shiundu

IEBC

Enock Otara – Returning Officer

Shitanda Kilwaki.

Hon Evans Muleka

- Application for an extension of time within which the Petitioner can deposit security for costs as required under Section 78(2) (c) of the Elections Act 2017.
- Application allowed Ruling Delivered 6.10.2017.


- Application to compel 1st respondent to provide and/or supply court and parties with KIEMS Kit, certified original copies of 36As, polling stations diaries In Sango Ward and filled forms 32A for 10 polling stations in Sango Ward.
- Application dismissed, costs to the 1st, 2nd and 3rd Respondents Ruling Delivered 23.10.2017


-Petition challenging elections for member of County Assembly
for Sango Ward, in Likuyani Constituency within Kakamega County.
Election upheld.Ruling Delivered 7.12.2017

KERICHO

1.

Kapkatet Ward

Kericho Magistrates

Court Election Petition

No. 1 of 2017

Amos Kimutai Birir

Hillary Kipyegon Bett

Onyango Peter Ouma (Returning

Officer Kapkatet Ward)

IEBC

Hon. Samuel Mokua

-Applications seeking to strike out the petition for non-service and failure to deposit security for costs.
Petition struck out with costs to the Respondents.Ruling Delivered 30.11.2017

KIAMBU

1

Mwihoko ward

Thika Magistrates

ElectionPetition No. 1

of 2017

Githinji Johnson Kamau

Kingara Benson Kamau

Kwanusu Dickson

IEBC

Hon. Theresa

Murigi

-Application for Scrutiny, recount and of all ballots cast at
Mwihoko polling station for the position of member of County Assembly
Mwihoko Ward, Ruiru Constituency, Kiambu County.
-Application for production of KIEMS device to
ascertain a report of the number of people positively
identified during the Election Day at Mwihoko Polling Station.Ruling Delivered 29.11.2017

KILIFI

1

Dabaso Ward

Kilifi Magistrates

Courts Election Petition

No. 2 of 2017

Dickson Karani Yaa

IEBC

Returning Officer Kilifi North Constituency

Abdiwahid Hussein

Hon. Julie Oseko

-Application to strike out petition for want of format and
on failing to declare the results of the elections as well
as state the date of elections.
- Application dismissed with costs to the petitioner.Ruling Delivered


-Petition challenging election of the 3rd Respondent as Member of County Assembly for Dabaso Ward in Kilifi North Constituency
-Petition dismissed, 3rd Respondent was validly elected as Member of County Assembly for Dabaso Ward in Kilifi North Constituency . Judgment Delivered 19.2.2018.

2

Ganda Ward

Malindi Magistrates

Court Election Petition

No. 3 of 2017

Kiponda Joseph Joseppe

Ngumbao

Katana Reuben Mwamure

IEBC Masha Sudi

Mohamed Abdul Omar

Hon. Corilus

Nyawiri

-Application for scrutiny and recount of votes in all polling Stations in Ganda ward or polling Stations namely Takae Primary School (polling Station number 3), Mere Primary School (polling Station number 1 & 2) at Gandeni polling Station.

Application disallowed. Ruling Delivered 29.11.2017


- Petition challenging election of 3rd Respondent as a Member of County Assembly (MCA)  Ganda Ward, Malindi Constituency within Kilifi County in the Republic of Kenya.

- Petition allowed. Judgment Delivered 6.3.2018

 High Court

Appeal against the judgment of Hon. C.O. Nyawiri (SRM) in CMCC Election Petition No. 3 of 2017, Malindi delivered on 6th March, 2018.
Appeal dismissed.Judgment Delivered 10.8.18

3

Garashi Ward

Malindi Magistrates

Court Election Petition

No. 1 of 2017

Theophilus Kalama Fondo

R.O Magarini

IEBC

Peter Ziro Ngowa

Hon. Julie Oseko

-Application for striking out/dismissing petition
-Petition struck out.Ruling Delivered 24.11.2017

4

Jilore Ward

Malindi Magistrates

Court Election Petition

No. 2 of 2017

Gerald Iha Thoya

Chiriba Daniel Chai

IEBC

Hon. Silvia Wewa

- Petition challenging election of 1st Respondent as a Member of County Assembly, Kilifi County, Jilore Ward, Malindi Constituency.

- Applications for striking out petition for not complying with proscribed mandatory requirements.

- Applications allowed, petition struck out with cost to the Respondents. Ruling Delivered 20.12.2017


High Court

An appeal from the Ruling dated 20th December, 2017 by Hon. S. R. Wewa, Principal Magistrate in Malindi CMC Election Petition No. 2 of 2017.
- Application striking out appeal dismissed.
- Appeal dismissed Judgment Dated 15.5.2018.

5

Kilifi Ward

Kilifi Magistrates Court

Election Petition No. 6

of 2017

Jacob Kazungu Kahindi

IEBC

Nelly Llongo R.O Kilifi

Members elect of Kilifi County

Assembly

Hon. Robinson

Ondieki

-Application for striking out/dismissing Petition for want of compliance with the mandatory statutory requirements on time, service and deposit of security.

- Petition struck out, costs to the Respondents Ruling Delivered 10.11.2017.

6

Mtepeni Ward

Kilifi Margistrates

Court Election Petition

No. 5 of 2017

Abel Kipkulei Kiptoo

IEBC

Neema Karisa R.O Kilifi South

Victor Gogo Mwaganda

Hon Lilian Lewa

-Respondent’s application seeking to truck out petition.
-Application allowed, petition struck out.Ruling Delivered 27.11.2017

7.

Shimo la Tewa

Kilifi Magistrates Court

Election Petition No. 4 of 2017

Mufida Mohamed Hamud

IEBC

Neema Karisa R.O Kilifi South

Samuel Ndago

Hon. Diana

Mochache

 

8.

Tezo Ward

Kilifi Magistrates Court

Election Petition No. 3

of 2017

Cosmas Foleni Kenga

IEBC

Returning Officer Kilifi North

Constituency

Thomas Mumba Chengo

Hon. Robinson

Ondieki

- Application for striking out the impugnated Petition and its dismissal.
- Notice of Motion to strike out petition dismissed Ruling Delivered 10.11.2017.


-Petition challenging 3rd Respondent, election as the Member of County Assembly of Tezo Ward for the County of Kilifi.

-Petition dismissed. Ruling Delivered 8.12.2017

9.

Kakuyuni Ward

Malindi Magistrates Court

Election Petition

No. 5 of 2017

Salim Mweni Athman

IEBC

Sudi Masha

Nickson Mramba Charo

Hon. Julie Oseko

-Application for expunging affidavits from the record and
striking out the petition.
-Application allowed, petition struck out.Ruling Delivered 30.11.2017

10.

Malindi Town Ward

Malindi Magistrates Court

Election Petition

No. 6 of 2017

Faith Mwende Kasyoka

IEBC

Sudi Masha

Dadu David Kadenge

Hon. Silvia Wewa

  High Court

-    Appeal arises from the decision of Hon. S. R. Wewa delivered on 11th December, 2017 in Malindi Chief Magistrate’s Court Election Petition No. 6 of 2017.
-    Application for extension  of time to file the Record of appeal out of time
Application allowed.Ruling Delivered 25.5.18

-An appeal from the ruling and order of Hon. S.R. Wewa, Principal Magistrate, delivered on 11th December, 2017 in Malindi Chief Magistrate’s Court Election Petition No. 6 of 2017)
Appeal allowed. Judgment Delivered 3.7.18

11.

Shella Ward

Malindi Magistrates

Court Election Petition

No. 4 of 2017

Wanje Baya Kazungu

IEBC

Sudi Masha

Kadenge Mwathethe

Adamson

Hon. Corilus

Nyawiri

-Application for Staying of proceedings pending determination of the application and striking out petition together with supporting affidavit annexed to.

Petition struck out. Ruling Delivered 5.12.2017

12.

Shella Ward

Malindi Magistrates

Court Election Petition

No. 7 of 2017

Mohamed Twaher

Abdulkarim

IEBC

Masha Sudi

Kadenge Mwathethe

Adamson

Hon. Corilus

Nyawiri

- Petition challenging Member of County Assembly (MCA) Shella Ward, Malindi Constituency, Kilifi County.

- Petition allowed. Judgment Delivered 6.3.2018

 High Court

-Appeal against the judgment of Hon. CO Nyawiri (SRM) in CMCC Election Petition No. 7 of 2017, Malindi delivered on 6th March, 2018.
Appeal and cross appeal allowed.Judgment Delivered 10.8.18

KIRINYAGA

1

Thiba Ward

Kerugoya Magistrates

Court Election Petition

No. 1 of 2017

Joseph Kiragu Muthura

Pius Njogu Kathuri

Julius Maingi Muthusi

IEBC

Hon. Samuel Soita

-Petitioner’s application seeking the response papers filed by the 1st Respondent and his witnesses be struck off for being filed out of time.

-Application seeking enlargement of time within which the 1st Respondent to file his response to the petition and the witness affidavits and further that the response to the petitioner and affidavits by his witnesses filed on 29th September, 2017 and also seeks that the Petition filed be declared as fatally defective in law and be struck off.

-Court extends time and deem the response filed by the 1st Respondent on 29th September, 2017 to be duly filed and properly on record, application dated 4th October, 2017 and partially allow the application dated 9th October, 2017 in terms of prayer (1) and dismiss prayer (2) of the application Ruling Delivered 27.10.2017.


- Application for stay of proceedings pending determination of an appeal. Application denied Ruling Delivered 13.11.2017.


-An appeal from the ruling and order of the Chief Magistrate’s Court Chief (S.M.S. Soita, (C.M.) in Kerugoya, Petition No. 1 of 2017 delivered on 27th October, 2017).
Appeal allowed with costs.Judgment Delivered 13.12.17

KISII

1.

Bogiakumu Ward

Kisii Magistrates Court

Election Petition No. 1

of 2017

Nunda Fred Ndwiga

Matundura Ismael Bosire

David Kiprop

IEBC

Hon. Nathan Lutta

-   Petition challenging election of 1st Respondent as a member of County Assembly Bogiakumu ward Bonchari constituency within Kisii County.
Petition dismissed with costs to the Respondents.Judgment Delivered 22.12.2017

2.

Masimba Ward

Kisii Magistrates Court

Election Petition No. 2

of 2017

Joash Nyaribo Orora

IEBC

Mark Manco

Anunda James Anyona

Hon. Nathan Lutta

 

3.

Bogetenga Ward

Ogembo Principal

Magistrates Court

Election Petition No. 4 of 2017

Samuel Mauti Makori

James Ngisa Gisore

Wilson Kimutai Kipchumba

IEBC

Hon. Stephen

Khachuenu

- Petition challenging election of 1st Respondent as a Member of County assembly of Bogetenga Ward within Kisii County.
- Petition dismissed. Judgment Delivered 23.2.2018.

4.

Boikanga Ward

Kisii Magistrates Courts

Election Petition No. 3 of 2017

Ayiemba Paul Okombo

IEBC

Wilson Kimtai

Onchieku Joseph Chweya

Hon. Ezekiel Obina

 

5.

Gesusu ward

Kisii Magistrates

Courts Election Petition

No. 7 of 2017

Hon. Keronche Maranga

Sammy

IEBC

Mr. Mark Manco

Ntabo Benson Ongeri

Hon. Symphie

Makila

-Petition challenging election of the 3rd Respondent as Member of County Assembly for Gesusu ward, within Kisii county.
-Petition dismissed, 3rd Respondent was validly elected as Member of County Assembly for Gesusu ward, within Kisii county. Judgment Delivered 23.2.2018.

6.

Ibeno Ward

Kisii Magistrates

Courts Election Petition

No. 6 of 2017

Francis Moenga Omesa

Richard Kerima Ratemo

IEBC

Meja Julius Okeyo

Chacha Maina Charles

Hon. Ezekiel Obina

-Petition challenging election of 3rd Respondent as a member of County Assembly (MCA) of Ibeno ward.
Petition dismissed with costs to the Respondents.Judgment Delivered 27.2.2018

 High Court

-An appeal from the judgment and orders of Hon. E. A Obina SRM at Chief Magistrate Court at Kisii.
Appeal dismissed with costs.Judgment Delivered 1.8.18

7.

Keumbu Ward

Kisii Magistrates Courts

Election Petition No. 4

of 2017

Abel Onchari Onindo

IEBC

Julius Meja Okeyo

Peter Moindi Gekanana

Hon. Ezekiel Obina

 

8.

Kiogoro Ward

Kisii Magistrates Court

Election Petition No. 5

of 2017

Obare Mochache Walter

Samuel Apoko

Julius Meja

IEBC

Hon. Stephen

Khachuenu

- Petition challenging election of 1st Respondent as a Petition challenging election of 1st Respondent as a Member of County assembly of Kiogoro Ward within Kisii County.

- Petition dismissed. Judgment Delivered 27.2.2018.

High Court

-(An appeal from the Judgment of Election Petition No. 5 of 2017 at the Chief Magistrate’s Court at Kisii delivered by Hon. S.K. Onjoro (SRM) on 27th February, 2018)
Appeal dismissed.Judgment Delivered 5.9.2018

9.

Chitago Borabu

Ward

Ogembo Principal

Magistrates Court Election Petition No. 2 of 2017

Daniel Mark Oruta

Andrew Kimonge

Wilson Kipchumba

IEBC

Hon. Margaret

Makhoha

- Petition challenging election of 1st Respondent as a Member of County Assembly for Chitago Borabu ward within South Mugirango Constituency within Kisii.
- Petition dismissed. Judgment Delivered 28.2.2018.

10.

Bobasi Chache

Ward

Ogembo Magistrates

Court Election Petition

No. 1 of 2017

Japheth Ombeo

Fred Nyachoti

Moses Omondi

IEBC

Hon. Margaret

Makhoha

- Petition challenging election 2nd Respondent as a member of county Assembly representative for Bobasi Chache ward Bobasi Constituency within Kisii County.
- Petition allowed. Judgment Delivered 20 .2.2018.

11.

Moticho Ward

Ogembo Principal

Magistrates Court Election Petition No. 3 of 2017

Ronald Achira Ongaga

Sangae Jeriah Bosibori Omwando Christopher Mwendiah

Evans Mokoro Omwansu

Wilson Kipchumba

IEBC

Hon. Margaret

Makhoha

-Petition challenging election of the 1st Respondent as Member of County Assembly for Moticho ward

-Petition dismissed, 1st Respondent was validly elected as Member of County Assembly for Moticho ward. Judgment Delivered 23.2.2018

12.

Tabaka Ward

Ogembo Principal

Magistartes Court Election Petition No. 5 of 2017

Jim Kenyanya

IEBC

Wilson Kipchumba

Daniel Ombasa

Hon. Symphie

Makila

-3rd Respondent applications seeking to strike out petition, affidavits
in support of the petition,  dismissing entire petition, striking out or
expunging paragraphs of further affidavit sworn by the petitioner and
striking out or expunging paragraphs of the witnesses.
-Petitioner’s applications to strike out the respondent’s responses to the petition, affidavits, all consequential and incidental documents in reply to petition.
3rd Respondent application allowed.Ruling Delivered 24.10.2017

KISUMU

1.

Central Nyakach

Ward

Kisumu Magistrates

Court Election Petition

No. 2 of 2017

Peter Bodo Okal

IEBC

Returning Officer-Nyakach

Constituency

Philemon Juma Ojuok

Hon. Christopher

Yalwala

 

2.

East Kano

Wawidhi

Kisumu Magistrates

Court Election Petition

No. 1 of 2017

Julius Ochieng Omoro

IEBC

Returning Officer-Nyando

Constituency

Okky Carol Kangala OmotoJohn

Kennedy Agengo

Hon. Julius

Ng’arng’ar

- Application for scrutiny or recounts of votes and submission of VR Machines for Luora, Nyakongo, Olasi, Kanyangoro, Kuth Awendo, Sare, Waradho and Kogwedhi Polling Stations.
- Application allowed Ruling Delivered 30.10.2017.


-Petition challenging election of member of county assembly of East Kano/Wawidhi Ward held on August 8th 2017.
-Petition Dismissed. Judgment Delivered 26.1.2018

3.

South West

Kisumu Ward

Kisumu Magistrates

Court Election Petition

No. 3 of 2017

Joseph Onyango Otiende

IEBC

Hon. Dolphine

Okundi

 

4.

Kolwa East Ward

Kisumu Magistrates

Court Petition No. 5 of

2017

John Osumba Olum

IEBC & Others

Hon. Benard

Kasavuli

- Preliminary objections seeking to struck out the petition.
- Preliminary objection dismissed no orders as to costs Ruling Delivered 13.10.2017.


-Application for recount and scrutiny
Application allowed. Ruling Delivered 22.11.17


-Petition challenging election of 3rd Respondent
as Member of the County Assembly of Kolwa East Ward.
-Petition dismissed.Judgment Delivered 2.2.2018

5.

Masogo

Nyangoma Ward

Kisumu Magistrates

Court Election Petition

No. 4 of 2017

Samuel Onyango Ongowo

IEBC

Alice Cheruiyot Cherono

Nyasuna Habil Omondi

Hon. Purity Koskey

-Application for striking out petition for want of service upon the 2nd Respondent.

Petition struck out. Ruling Delivered 21.11.2017

6.

West Nyakach

Nyando Magistrates

Court Election Petition

No. 1 of 2017

James Ochieng Omolo

IEBC

Returning Officer, Nyakach

Constituency

George Jobando

George Oluoch Ogutu

Hon. Patrick Olengo

 

KITUI

1.

Mutonguni Ward

Kitui Magistrates Court

Election Petition No. 1 of 2017

Musee Mati

Baridi Felix Mbevo

Returning Officer - Kitui West

Constituency

IEBC

Hon. Johnstone

Munguti

-Petition challenging election of 1st Respondent as
MCA (Member of County Assembly) Mutonguni Ward in Kitui West Constituency.
Petition allowed.Judgment Delivered 31.1.2018


High Court

-    (Being an Appeal against the Judgment and Orders in Kitui Chief Magistrate’s Court Election Petition No. 1 of 2017 by Hon. J. Munguti P M on 31/01/18.
1st Respondent ’s application dismissed, status quo maintained pending determination of the Appeal.Ruling Delivered 8.3.2018

2.

Kyangwithya

Kitui Magistrates Court

Election Petition No. 2

of 2017

Kitavi Sammy

IEBC

Returning Officer, Kitui

Constituency

Katumo Boniface

Kilungya

Hon. Maryanne Murage

-Application seeking to strike out the Petition.
Petition struck with costs to the Respondents.Ruling Delivered 24.11.2017


- Appeal against the decision of Hon. M. Murage Chief Magistrate for staking out the Election Petition filed challenging the election results and subsequent declaration of Katumo Boniface Kilungya as the Member of the County Assembly, Kyangwithya West Ward. 

- Appeal incompetent and struck out with costs to the Respondents. Ruling Delivered 20.03.2018

3.

Mutha Ward

Kitui Magistrates Court

Election Petition No. 3

of 2017

Kithikii Kavindi Allan

Antony John

Wandeo Pamela Awuor,

Returning Officer,

KituiSouth Constituency

Hon. Maryanne Murage

- Application for seeking to strike out the petition.
- Petition struck out with costs to the Respondents. Ruling Delivered 21.11.2017

4.

Voo/Kyamatu Ward

Kitui Magistrates Court

Election Petition No. 4

of 2017

Mupio Julius Chale

Musyoka Nelson Kivali

Stanley Mwangi

Kanyora, Kitui East

Constituency

IEBC

Hon. Johnstone Munguti

 

KWALE

1.

Kinondo Ward

Kwale Magistrates

Court Election Petition

No. 1 of 2017

Omar Hamisi Mohamed

IEBC Yusuf

Abubakar Mohamed

Maone Juma Athuman

Hon. Doreen

Mulekyo

 

2.

Kubo South Ward

Kwale Court Election

Petition No. 2 of 2017

Samson Mutua Munyao

Abednego Mutie Muasya John Wainaina Kisilu Mbai Andrew Mutinda John Robert Munyao Mulwa Mwinyi Kassim Mwakoja

IEBC

Andrew Mulei Mwolovu Henry Musyoka Mutua Erick Kioko Musili

Hon. Doreen

Mulekyo

 

3.

Pongwe Kikoneni

Ward

Kwale Law Court

Election Petition No. 6

of 2017

Bakari Hamisi Shee

IEBC

Mtaya Madzungu

Mugutta Nassoro Bikari

Hon. Doreen

Mulekyo

- Application for striking out petition for failure to comply with Rule 8(1) and 12(2) of the Election Parliamentary and County Elections Rules 2017).

- Petition struck out with Costs to the Respondents Ruling Delivered 19.12.2017

4.

Tiwi Ward

Kwale Law Court

Election Petition No. 3 of 2017

Daudi Yusuf Heri

IEBC

Returning Officer, Matuga Constituency

Presiding Officer, Chai Pri. Sch. Polling Station

Hon Attorney General

Mwinyi Burudai Mwawandembo

Hon. Betty Koech

-Application for striking out petition for failure to comply with mandatory provisions of the Rule 8 (1) and 12 (2) of the Elections (parliamentary and County Elections Rules 2017).
-Petition struck out with costs to the Respondents. Ruling Delivered 20.12.2017

5.

Tsimba Golini

Ward

Kwale Law Court

Election Petition No. 4

of 2017

Sophia Kamene Mutisya

IEBC

Kassimu Mwagomba Kaema

Swalehe Bakari Simba

Hon. Betty Koech

 

6.

Vanga Ward

Kwale Law Court

Election Petition No. 5 of 2017

Juma Kassim Mwakalu

IEBC

Isaiah M. Saha

Yussufu Hassan Mubwana

Hon. Betty Koech

 

LAMU

1.

Bahari Ward

Lamu Court Election

Petition No. 1 of 2017

Jane Njeri Kamande

Anthony Jomo Maina

Party of Democratic Unity (PDU)

Abdalla Mwaura (Returning

Officer, Lamu WEst)

IEBC

Hon. Njeri Thuku

- Preliminary objection on jurisdiction of the court to hear the application
- Application on extension of time to file response
Ruling Delivered 17.10.17


Petition challenging election of 1st Respondent as the Member of County Assembly for Bahari Ward in Mpeketoni sub-county within Lamu County.

Petition allowed. Ruling Delivered 18.12.2017.


-Application for striking out petition for failure to state
the date of declaration of the election results.
-Petition struck out, costs to the Respondents.Ruling Delivered 18.12.2017


-Petitioner challenging the election of the 1st Respondent
as the Member of County Assembly for Bahari Ward in Mpeketoni
sub-county within Lamu County.
-Petition allowed.Judgment Delivered 18.12.2017


-Application by the appellant to appeal from the decision in Lamu Election Petition No. 1 of 2017 as well as changing advocates on record
by stating that the appeal was filed on time.
- Application Allowed. Appeal was filed timeously. Ruling Delivered 23.2.2018

MACHAKOS

1.

Ekalakala Ward

Kithimani Magistrates

Court Election Petition

No. 1 of 2017

Philip Musia Kimeu

Isaac Kiio Mutiso

Albanos Kioko Muthama

IEBC

Returning Officer, Masinga Constituency

Stephen Nzue Mwanthi

Hon. Gilbert Shikwe

-Being an appeal from Ruling of Hon. G. Shikwe in Kithimani SRMC
Election Petition No. 1 of 2017 on 17th October, 2017.
Appeal dismissed, with costs to the 1st Respondent.Ruling Delivered 21.12.2017


-Petition challenging election of 3rd Respondent as a Member of County assembly of the Ekalakala Ward, Masinga Constituency.
Petition dismissed with costs to the Respondents.Judgment Delivered 1.3.2018

2.

Lower

Kaewa/Kaani

Ward

Machakos Magistrates

CourtElection Petition

No. 1 of 2017

Felix Nthusa Mumo

Cosmus Kieti Muia

Returning Officer Kathiani Constituency

IEBC

Hon. Alfred Kibiru

 

3.

Kiteta Ward

Tawa Magistrates

Court Election Petition

No. 1 of 2017

Stephen Mukonza

Mbolonzi

IEBC

Salim Bilali, Returning Officer Mbooni Sub County

Denis Wambua Masavu

Hon. Martin Mutegi

 

4.

Tala Ward

Kangundo Magistrates

Court Election Petition

No. 1 of 2017

Boniface Musyoki Muisyo

Nguli

IEBC

Returning Officer Tala Township

Kamiti Alex

Hon. Desderius

Orimba

- Preliminary objection for striking out further affidavit filed by the Petitioner.
- Preliminary objection allowed, further affidavit struck out Ruling Delivered 31.10.2017.


-Petition challenging the election 3rd Respondent as 
Member County Assembly Tala ward.
-Petition dismissed.Judgment Delivered 9.1.2018

MANDERA

1.

Derkhale Ward

Mandera Magistrates

Court Election Petition

No. 1 of 2017

Abdullah Maalim Alio

IEBC

Musdaf Abdullahi Ahmed

Yakub Hassan Emoi

Hon. Peter Areri

- Application BY 3rd Respondent to strike out the petition on grounds that the petition is not supported by the affidavit of the petitioner and therefore the same has violated the mandatory provisions of Rules 8(4)(b) and 12(1)of the elections (parliamentary and County) petition Rules 2017.

-Application Allowed. Petition struck out. Ruling Delivered 4.12.2017.

2.

Lagsure Ward

Mandera Magistrates

Court Election Petition

No. 3 of 2017

Muktar Bishar Sheikh

IEBC

Returning Officer Mandera West

Constituency

Hassan Robow Mohamed

Hon. Peter Areri

-Application for striking out and expunging affidavits for proposed witnesses from the court records.

- Application allowed.Ruling Delivered 11.12.2017.

3.

Township Ward

Mandera Magistrates

Court Election Petition

No. 4 of 2017

Feisal Abdinoor Issack

IEBC

Adan Harar Noor, Returning Officer, Mandera East

Hon. Adan Maalim Abdullahi

Hon. Peter Areri

- Application that registrar of persons be ordered to produce the form 136A for particular individuals to show how the 1st and 2nd respondents presiding officers were relatives of the 3rd respondent and were not impartial in conducting the election of the Member County Assembly Township Ward.

Application Dismissed. Ruling Delivered 21.11.2017


Petition challenging election of 3rd Respondent as a member of County Assembly for Township ward in Mandera East Constituency.

Petition struck out with costs to the Respondents. . Judgment Delivered 16.2.2018

MERU COUNTY

1.

Mikinduri Ward

Tigania Magistrates

Court Election Petition

No. 1 of 2017

Gitonga Kubai

Gabriel Njenjere Chokera

Antony Njiraini Mwihia

IEBC

Hon. Sogomo

Gathogo

 

2.

Thangatha Ward

Tigania Magistrates

Court Election Petition

No. 2 of 2017

Elijah Peter Kimani

Gituma G Kingori

Mohia Anthony

IEBC

Hon. Sogomo

Gathogo

 

3.

Kiagu Ward

Githongo Magistrates

Court ElectionPetition

No. 2 of 2017

Samson Kinyua Magambo

IEBC

Habiba Godana Irama,

Returning Officer,Imenti Central Constituency

Eunice Karegi

Hon. Caroline

Kemei

-Petition Challenging election of Kiagu Ward  member of county assembly following the general election held on 8th August 2017.

-Petition dismissed. Petitioner ordered to pay costs to the respondents Judgment Delivered 22.1.2018

4.

Abothuguci

Central Ward

Githongo Magistrates

Court No. 1 of 2017

Richard Kathurima

Muriungi

IEBC

Habiba Godana Irama, Returning Officer,Imenti Central Constituency

Ayub Bundi

Hon. Charles

Mayamba

-Petition Challenging election of Abothuguchi Central Ward  member of county assembly following the general election held on the 8th of August 2017

Petition Dismissed. Judgment Delivered 20.12.2017

5.

Igoji East Ward

Nkubu Magistrates

Court Election Petition

No. 1 of 2017

Wiandi Muchui Paul

John Paul Kirera

Mwombobia

Lonah Kilonzi

IEBC

Hon. Joan Irura

 

MIGORI

1.

Kwa Ward

Migori Magistrates

Court Election Petition

No. 1 of 2017

Michael Odong Agunda

Joshua Mwaura Ojune

William Odoyo Chacha

IEBC

Hon. Richard

Odenyo

-Petition challenging election of the 3rd Respondent as Member of County Assembly for Kwa Ward in Suna East Constituency within Migori County

-Petition Allowed, 3rd Respondent was not validly elected as Member of County Assembly  for KWA AWard in Suna East Constituency within Migori County Judgement Delivered 23.2.2018

2.

East Kanyamkago

Ward

Migori Magistrates

Court Election Petition

No. 2 of 2017

Leo Odoyo Obambo

Bonface Ouma Oremo

IEBC

Hon. Edwin Nyaga

-Application for striking out the petition.
-Application allowed, petition struck out.Ruling Delivered 14.11.2017

3.

Macalder

Kanyarwanda Ward

Migori Magistrates

Court Election Petition

No. 4 of 2017

Peter Odhiambo Ollimo

IEBC

Duro George Okinyi

Wesley Ruto, Returning Officer Nyatike

Hon. Peter Ndwiga

- Application for Dismissal of the Petition for the Non-Appearance of the Petitioner and his Advocates.

- Application allowed, petition dismissed Ruling Delivered 8.11.2017.

MOMBASA

1.

Tudor Ward

Mombasa Magistrates

Court Election Petition

No. 1 of 2017

David Mutua Malii

Tobias Otieno Samab

Nsogonoa Mbizi

IEBC

Hon. Juliet Kasam

 

2.

Bofu Ward

Mombasa Magistrates

Court Election Petition

No. 2 of 2017

Salim Abdalla Salim

IEBC

Returning officer, Likoni

Constituency

Omar Ahmed Salama

Hon. Charles

Ndegwa

 

3.

Mwembe Tayari

Ward

Mombasa Magistrates

Court Election Petition

No. 3 of 2017

Joseph Kimani Kamau

IEBC

Nsongomoa Mbizi

Khamis Salim Khamis

Hon. Julius Nangea

 

NAIROBI

1.

Eastleigh South

Milimani Commercial

Magistrates Court Election Petition No. 15 of 2017

Juma Nicholas Okwacho

Logedi Patrick Kanyangi

IEBC

Mary Nyambura

Hon. Angelo

Kithinji Rwito

 

2.

Kayole Central

Milimani Commercial

Magistrates Court Election Petition No. 9 of 2017

John Patrick Orioki

IEBC

Fridah Chebet

Themendu Jeremiah Karani

Hon. Jacqueline

Kibosia

 

3.

Kileleshwa

Milimani Commercial

Magistrates Court No. 3 of 2017

Perpetua Mponjiwa

IEBC

Eve Malenya

Clerk Nairobi City County

Assembly

Hon. Elizabeth Usui

 

4.

Makina

Milimani Commercial

Magistrates Court No.

14 of 2017

Alhad Adam Ahmed

Solomon Odanga Magembe

Beatrice Saki Muli

IEBC

ODM PDU

Hon. Elizabeth

Juma

 

5.

Mukuru Kwa

Njenga

Milimani Commercial

Magistrates Court

Election Petition No. 6A

of 2017

Aziz Kassim Ibrahim

IEBC

Returning Officer Embakasi

South Constituency

Deputy Returning Officer Embakasi South Constituency

Hon. Peter Gesora

-Petition challenging election of kwa njenga ward member of county assembly on 8th August 2017
 - Petition Dismissed with Costs to the Respondents. Judgment Delivered 24.1.2018

6.

Mukuru Kwa

Reuben

Milimani Commercial

Magistrates Court Election Petition No. 1 of 2017

Michael Musyoki

Mwananzivu

IEBC

Evans Tito

Mande Scholastica Muthoni

Nzyuko Christopher Tito Charles Kakundi Kyavoa Returning Officer, Embakasi South Constituency

Hon. Edna Nyaloti

-Petition challenging election of the 2nd Respondent as Member of County Assembly for Mukuru Kwa Reuben Ward in Embakasi South Constituency.
-Petition dismissed, 2nd Respondent was validly elected as Member of county Assembly for Mukuru Kwa Reuben Ward in Embakasi South Constituency. Judgment Delivered 23.2.2018.

7.

Mukuru Kwa

Reuben

Milimani Commercial

Magistrates Court

Election Petition No. 6 of 2017

Michael Musyoki

Mwananzivu

IEBC Evans Tito

Mande Scholastica Muthoni Nzyuko Christopher Tito Charles Kakundi Kyavoa

Returning Officer, Embakasi

South Constituency

Hon. Edna Nyaloti

 

8.

Nairobi South

Milimani Commercial

Magistrates Court Election Petition No. 18 of 2017

Joseph Obiri Kenyaga

IEBC

Phylis Ayiemba

Esther Waithera Chege

Hon. Francis

Andayi

- Application seeking for orders that the entire election petition be dismissed for want of deposit of security for costs that may become payable by the Petitioner within the stipulated statutory time.
- Petition struck out Ruling Delivered 24.10.2017.

9.

Sanguili Ward

Milimani Commercial

Magistrates Court No.

17 of 2017

Abdi Muhyadin Abdi

IEBC

Abdulahi Mohamed Buthul

Returning Officer Sanguili Ward

Hon. Martha

Mutuku

-Application to strike out petition on the ground that it was filed outside Constitutional time lines.
- Petitioner’s petition dismissed with costs to the 1st, 2nd and 3rd Respondent Ruling Delivered 2.11.2017.

10.

Sitikho

Milimani Commercial

Magistrates Court Election Petition No. 11 of 2017

Erick Soita Patroba

Sundukwa Grace

IEBC

Hon. Thomas

Muraguri

-Petition challenging election of Member of County Assembly for Sitikho ward

Petition Struck out. Ruling Delivered 7.11.2017

11.

South C

Milimani Commercial

Magistrates Court Election Petition No. 10 of 2017

Langat Donnie Kiptoo

Arap

Sukuku Martin Simotoo

Constituency Returning Officer

IEBC

Abdi Osman Khalif

Hon. Mildred Obura

- Application seeking for the preservation and safekeeping of all the KIEMS used for all the polling stations and tallying centers with respect to the Member of County Assembly for South C Ward held on the 8th of August 2017 within Langata Constituency.
- Application allowed Ruling Delivered 31.10.2017.


- Application to order scrutiny and recount of votes in all polling stations in South C Ward, Langata Constituency within Nairobi County held in 8th August 2017 and to avail all election material used during voting day.
- Applications dismissed, Costs to be in the cause Ruling Delivered 31.10.2017.


- Application for striking out supplementary affidavit sworn by the petitioner and further affidavits sworn by witnesses.
- Application allowed further affidavits of witnesses some paragraphs struck out and petitioner’s further affidavit struck out Ruling Delivered 31.10.2017.

NAKURU

1.

Soin Ward

Nakuru Magistrates

Court Election Petition

No. 1 of 2017

Harun Kipkoech Tanui

Irene Chebichi Cheruiyot

Chelagat Rono Daisy,Returning

Officer Soin Ward

IEBC

Hon. Josphat Kalo

 

NANDI

1.

Kabwareng Ward

Kapsabet Magistrates

Court Election Petition

No. 2 of 2017

Shadrack Kirwa Tarus

Jackson Swadi Kedogo

IEBC

Hon. Dolphina

Kayila

- Petition challenging election for the Kibwareng Ward Member of the County Assembly during the general election.
- Petition dismissed. Judgment Delivered 3.1.2018

NAROK

1.

Angata Barrikoi

Kilgoris Magistrates

Court Election Petition

No. 1 of 2017

Joseph Kibyego Koech

Gabriel Mibei

IEBC

Returning Office Kilgoris County

Hon.Dennis Matutu

-Application seeking leave to amend the Petition.
Application allowed.Ruling Delivered 16.11.2017


-Application for recount of votes from Oldoinyo Orok Primary
School Polling Station number 067 of Angata Barrikoi Ward.
-Application disallowed. Ruling Delivered 20.12.2017


- Petition challenging election of 1st Respondent as Member of County Assembly Angata Barikoi Ward in Kilgoris Constituency within Narok County.
 -Petition dismissed with costs to the 1st Respondent. Judgment Delivered 16.2.2018

2.

Kilgoris Central

Ward

Kilgoris Magistrates

Court Election Petition

No. 2 of 2017

Olonana D. Ololtulet

Munka Nanyokie J. Ole

Macharia Ombogo Elijah

IEBC

Hon.Dennis Matutu

-Preliminary objections that Petition does not conform to
the mandatory requirements of Rule 8(1)c and 8(1)d of the
Election (Parliamentary and County Election) Petition Rules, 2017.
- 2nd and 4th Respondents Preliminary Objection dismissed.Ruling Delivered 6.12.2017


- Petition challenging election of 1st Respondent as Member of County Assembly Kilgoris Central Ward in Kilgoris Constituency within Narok County.
 - Petition dismissed with costs to the 1st Respondent. Judgment Delivered 15.2.2018

3.

Mosiro Ward

Narok Magistrates

Court Election Petition

No. 5 of 2017

Kitaei Metiang’ Ngoiboini

Salankat Memusi

Christine Otieno, Constituency

Returning Officer Narok East

IEBC

Hon. Wilbroda

Juma

 

4.

Olpusimoru Ward

Narok Magistrates

Court Election Petition

No. 4 of 2017

Letulal Ole Masikonde

Wilfred Kikaet Kuyo

Mark Mejooli

Lempaka,Returning Officer

Narok North County

IEBC

Hon. Gesora Tito

  High Court

- Being an appeal from the entire judgement and order of the Principal Magistrate’s Court sitting at Narok (Hon. T. Gesora) delivered on 7th day of February, 2018 in Narok Election Petition No. 4 of 2017.
Appeal allowed.Judgment Delivered 15.8.18

5.

Shangoe

Kilgoris Magistrates

Court Election Petition

No. 3 of 2017

Tomito Alex Tampushi

Patrick Sosio Lekakeniy

Macharia Mbogo Elijag George Okumu Adera IEBC

Hon. Dennis Matutu

-Petition Challenging 1st Respondent election as Member of County Assembly (MCA) representing Shankoe Ward.
-Petition allowed.Judgment  Delivered 18.1.2018


-An Appeal from the Judgement and Determination arising from Election Petition
No. 3 of 2017 at Kilgoris Resident Magistrate’s Court.
Prayers 2, 3, 4, 5and 6 of the Applicants application granted. Ruling Delivered 5.2.2018


High Court

-Being an appeal from the judgement and decree of Hon. D.K. Matutu, Senior Resident Magistrate, dated 18th January, 2018 in Kilgoris election petition No. 3 of 2017.
-Appeal allowed Judgment Delivered 31.5.2018.  

6.

Suswa Ward

Narok Magistrates

Court Election Petition

No. 3 of 2017

Kapusia Ole Saloni

James Kipas Langues

Christine Otieno,Constituency

Returning Officer Narok East

IEBC

Hon. Hosea Nganga

- Application for admission of the Witness affidavits filed out of time.
- Application merited and allowed, Petitioner granted leave to file further witness affidavits Ruling Delivered 19.10.2017.


- Application for striking out/impugning paragraphs in the Petitioners petition and supporting affidavit.
- Application dismissed with costs to the Petitioner Ruling Delivered 3.11.2017.


-Preliminary objection that the Petitioner has failed
to comply with the mandatory provisions and requirements
 of Rule 8(1) ( c ) of the Election (Parliamentary and
County Elections) Petition Rules, 2017 (herein after
“Election Petition Rules 2017”) having failed to state
and or tabulate the results of the impugned elections.
-Preliminary Objection dismissed, petition to proceed
for hearing on merits as earlier directed.Ruling Delivered 23.11.2017


- Petition challenging election of 1st Respondent as the elected Member of County Assembly for Suswa Ward in Narok East Constituency, Narok County.

- Petition dismissed with costs to the Respondents. Judgment Delivered 25.2.2018

NYAMIRA

1.

Ekerenyo Ward

Nyamira Magistrates

Court Election Petition

No. 1 of 2017

Francis Amenya Ndubi

IEBC

Marjorie Patience Owino

Thadius Nyabaro

Hon. Margaret

Onditi

- Petition challenging election of 3rd Respondent as Member of County Assembly for Ekerenyo Ward North Mugirango Constituency.
- Petition Dismissed. Judgment Delivered 28.2.2018.

 High Court

- Appeal from the Judgement and Decree delivered on 28th February 2018 by Hon. M. O. Wambani – CM arising from Election Petition No. 1 of 2017 at Nyamira Chief Magistrate’s Court.
Appeal dismissed with costs to the Respondents. Judgment Delivered 31.7.18

2.

Nyansiongo

Ward

Keroka Chief

Magistrates Court Election Petition No. 1 of 2017

Ann Nyamusi Nyamache

Dennis Kebaso Nyaribo

Thomas Ongeri Otete

IEBC

Hon. Bethwel

Matata

 

3.

Kemera Ward

Keroka Senior Principal

Magistrates Court Election Petition No. 2 of 2017

George Nyauncho Omaita

IEBC

Ng’eny Robert

Nyachae Morara George

Hon. Bethwel

Matata

  High Court

-An appeal from the Judgment and decree of Hon. B. M. Kimtai SRM in Keroka PMCC Election  Petition NO. 2 of 2017) Appeal dismissed with costs to the Respondents.Judgment Delivered 31.7.18

4.

Magwagwa Ward

Nyamira Magistrates

Court Election Petition

No. 2 of 2017

Hesbon Arao Nyakundi

Fred Nyachae Omayio

Marjorie Patience Owuo

IEBC

Hon. Margaret

Onditi

- Application to struck out the Petition for lack of proper service.

- Petition dismissed Ruling Delivered 21.11.2017.


- Petition challenging election of 1st  Respondent as Member County Assembly of Magwagwa Ward of Nyamira County
-Petition Dismissed. Judgment Delivered 28.2.2018.

NYERI

1.

Ruguru Ward

Karatina Magistrates

Court Election Petition

No. 1 of 2017

Macharia James Ndegwa

IEBC

Weru Peter Kinyua

Hon. Florence

Macharia

-Petition Challenging Election of 2nd Respondent as Member of County Assembly for Ruguru Ward Mathira Constituency in Nyeri County.
-petition not concluded due to the demise of the 2nd Respondent sit having been declared vacant by the Speaker of the Nyeri County Assembly.  Ruling  Delivered 5.1.2018.

TAITA TAVETA

1.

Chawia ward

Voi Magistrates Court

Election Petition No. 2

of 2017

Gideon Ndambuki

Muthiani

Frank Kici

Joseph Mwafondo

IEBC

Hon. Mogire

Onkoba

- Application seeking leave to amend petition dated 5th September 2017 and that amended petition of Election draft be deemed as duly filed upon payment of the requisite court fees.
- Application allowed as prayed, costs to be in the cause Ruling Delivered 30.10.2017.


-Application to struck out affidavits sworn and response to
election petition by the 1st Respondent.
-Application dismissed.Ruling Delivered 4.12.2017


-Petition challenging election of 1st Respondent as member of county assembly for Chawia ward, in Mwatate constituency.

- Petiton Dismissed. 1st Respondent was validly elected as Member of County Assembly for Chawia ward, in Mwatate constituency. Judgment Delivered 28.2.2018.

2.

Mbololo

Voi Magistrates Court

Election Petition No. 1 of 2017

Wilson Mwang’ombe

Mwajumwa

Mohamed Juma Omar

Mwachofi John Righa Mwamdawiro Granton Raphael

Mwakoma Danson

Mwaghaluka Mwambanga Dominic Alibhai

IEBC

Swalha Ibrahim Yusuf

Dodfrey Fundi Mwambi

Hon. Elena Nderitu

-Petition challenging the election of 3rd Respondent as a
Member of County Assembly of Mbololo ward Voi Constituency
in the August 8th 2017 General Election.
-Petition struck out with costs to the Respondents.Ruling Delivered 24.11.2017

THARAKA NITHI

1.

Magumoni Ward

Chuka Magistrates

Court Election Petition

No. 1 of 2017

James Mutembei

Augostino

IEBC

Justin Kithinji S. Nderi

Wilfred Ndungu Wainaina

Hon. John Muniu

  High Court

-(Being an appeal to the whole Judgment and decree delivered by the Chief Magistrate at Chuka  Law Courts by (Hon. J.M Njoroge) on the 1st March, 2018 in Chuka Chief Magistrate Election Petition Number 1 of 2017)
Appeal allowed.Judgment Delivered 31.7.18

2.

Muthambi Ward

Chuka Magistrates

Court Election Petition

No. 2 of 2017

Eliphas Nyaga Mbae

Wilson Nyaga Derebia

Obadiah Kariuki

IEBC

Hon.

Mwakwambirwa

Sudi

-Petition challenging election of 1st Respondent as the Member of
the County Assembly (MCA) for Muthambi Ward.
-Petition dismissed with costs.Judgment Delivered 1.2.2018

3.

Marimanti Ward

Marimanti Magistrates

Court Election Petition

No. 1 of 2017

Njeru Benson Mwangangi

Nduyo Susan Ngugi

IEBC

Caleb S. Gekonde (Constituency Returning Officer,Tharaka –Nithi County)

Hon. Linus Mesa

-  Petition challenging election of 1st Respondent as a Member of County Assembly (MCA) Marimanti Ward of Tharaka Constituency within Tharaka-Nithi County.

- Election of 1st Respondent upheld. Judgment 9.2.2018

TRANS-NZOIA

1.

Turkwel Ward

Kitale Magistrates Court

Election Petition No. 7

of 2017

John Osing Ayapan

ODM IEBC

Clerk, Assembly of Turkana, Esther Apete (Interested Party) Lilian Jediwott(Interested Party)

Hon. Patrick

Wandera

 

2.

Waitaluk

Kitale Magistrates Court

Election Petition No. 1 of 2017

B.K.S Lusweti Furaha

IEBC

Onditi Kennedy

Simon Nyongesa Makhanu

Hon. Dorcas Maiteri

 

3.

Kaplamai

Kitale Magistrates Court

Petition No. 2 of 2017

Mutuli Sam Buyera

IEBC

Chebii Lazarus

Manjiri Elikana Kagunda

Hon. Mary Gwaro

- Application for striking out petition for non-service to 3rd Respondent.
- Application allowed, petition struck out. Ruling Delivered 13.11.2017.

TURKANA

1.

Katilu Ward

Lodwar Magistrates

Court Election Petition

No. 1 of 2017

Peter Akono

Abei James Esinyen

Joseph A Lotukoi

IEBC

Hon. Karimi

Mwangi

- Application for scrutiny of all the original form 36 A’s from Katilu ward election.

Application dismissed with costs. Ruling Delivered 10.2.2018

2.

Lokichar Ward

Lodwar Magistrates

Court Election Petition

No. 2 of 2017

Kennedy Ikacho Eregae

Raphael Ekadeli Loperito

Joseph Akutaa Lotukoi

IEBC

Hon. Karimi

Mwangi

 

3.

Lokiriama/Loreng

ipi

Lodwar Magistrates

Court Election Petition

No. 3 of 2017

Lawrence Lopayo

Lomuria

Patrick Imana Esukuku

Locha Erukudi

IEBC

Hon. Karimi

Mwangi

 

4.

Kaaleng/Kaikor

Lodwar Magistrates

Court Election Petition

No. 4 of 2017

Abdifatah Ebei Kapua

Ngisanyana John Sepae

Ngeitelijio Ekalale Danson

IEBC

Hon. Christine

Mulongo

 

5.

Loima

Lodwar Magistrates

Court Election Petition

No. 5 of 2017

David Lochuch Imana

Jackson Lowoi Ikai

Locha Erukudi

IEBC

Hon. Christine

Mulongo

 

6.

Nakalale

Kakuma Magistrates

Court Election Petition

No. 6 of 2017

Dedan Kaskou Kalimapus

IEBC

Benson Ngitelejio

Returning Officer

Nicholas Kerio

Hon. Jackline

Wekesa

 

VIHIGA

1.

Gisambai Ward

Hamisi

Magistrates Court Election Petition No. 1 of 2017

James Shairo Shimanyano

IEBC

Thomas Ngetich

Obamo Erick Odei

Hon. Maureen

Nabibya

-Preliminary objection by the 3rd Respondent that petition be struck out for failure to serve the 3rd respondent directly or by advertisement published in a newspaper of national circulation and serving out time contrary to the provisions of the Kenya Constitution 2010, the Elections Act and the Elections (Parliamentary & County Elections) Rules 2017.
-Petition struck out with costs to the Respondents. Ruling Delivered 31.10.2017

WAJIR

1.

Barwaqo Ward

Wajir Magistrates Court

Election Petition No. 1

of 2017

Mohammed Hassan

Hussein

Abdulahi Mohamed Abikar

Abdikadir Sheikh Abdi

IEBC

Criminal Investigation

Department Wajir County

Hon. Amos

Makoross

 

2.

Elnur/Tula-tula

Ward

Wajir Magistrates Court

Election Petition No. 2 of 2017

Abdullahi Kahiye Dore

Abdullahi Issack Mohamed

IEBC

The Returning Officer,Eldas Constituency

Hon. Amos

Makoross

-Application for withdrawing a petition.
Application allowed, petition marked as withdrawn.Ruling Delivered 1.12.2017

3.

Batalu Ward

Wajir Magistrates Court

Election Petition No. 3

of 2017

Hassan Jimal Abdi

Ibrahim Noor Hussein

Returning Officer,Wajir North

Constituency

IEBC

Hon. Amos

Makoross

-Application for recount, scrutiny, provision of Kenya Intergrated
Elections Management Systems (KIEMS) report and the polling station diary
of the Basineja Centre, Batalu Primary Poling Station.
Application allowed.Ruling Delivered 6.11.2017


-Petition challenging election of 1st Respondent as Member of
County Assembly for Batalu ward.
-Petition allowed.Judgment Delivered 2.2.2018


High Court

-   Oral application for striking out appeal dismissed Ruling Dated 7.5.2018.


- Being an appeal from the entire Judgement and Order of the Principal Magistrate Court at Wajir in Election Petition No. 3 of 2018 by Hon. A. K. Mokoross (SRM) delivered on 2nd  February, 2018
- Appeal dismissed Judgment Delivered 19.7.2018.  

icourt

Dadaja Bulla

Ward

Wajir Magistrates Court

Election Petition No. 4

of 2017

Sahal Mugow Mohamed

Adan Bunow Hussein

IEBC

The Returning Officer, Wajir

South Constituency

Hon. Amos

Makoross

- Application to dismiss petition for non-appearance of the Petitioner and/or his advocate.
Petition dismissed Ruling Delivered 15.11.2017.

WEST POKOT

1.

Kapchok Ward

Kapenguria Magistrates

Court Election Petition

No. 1 of 2017

James Apareng Karumet

IEBC

RO- Kacheliba Constituency. Yerer Peter Lokor

Hon. Vincent Adet

-Application to access and scrutiny by the Petitioner/applicant to all Election materials with respect to the Member of County Assembly of Kapchok Ward, Kacheliba Constituency elections held on 8th August 2017.
-Application dismissed.Ruling Delivered 24.11.2017

2.

Masol Ward

Kapenguria Magistrates

Court Petition No. 2 of

2017

Wilson Pkerker Chekeruk

Loporna Lonyangatodo

Juma Amach Daniel

IEBC

Hon. Vincent Adet

- Application for production of Electronic Voting Gadgets (KIEMS KIT) and voters registers in respect to 2 polling stations for scrutiny.
- Application allowed. Ruling Delivered 20.11.2017


-Application for leave to be granted for extension of time for filing of the petitioner’s further and/or additional witness affidavits in support of the petition.

-Application dismissed. Ruling Delivered 20.11.2017


-Petition challenging election of Member of County Assembly of Masool Ward, Sigor Constituency, West Pokot County.
-Petition dismissed.Judgment Delivered 14.2.2018