PARTY LIST PETITIONS FILED AT HIGH COURT & MAGISTRATE'S COURT STATIONS

BUSIA

 

 

Election Court & Election Pet. No

Petitioner(s)

Respondent(s)

Judge

Court Proceedings

1

Busia High Court

Election Petition No. 5 of 2017

Busia County PWD Network

Ronald Onyango Obiero

Michael Maketso

Grace Ajune

Innocent Aluku

IEBC

Chairman IEBC

Clerk County Assembly

Justice David Majanja

-Petition challenging the Gazette Notice Number 8380 Vol. CXIX No. 124 published on 28th August 2017 by the 2nd respondent gazetting persons
named as validly nominated to the County Assembly of Busia to represent
political parties and other marginalized interest.
-Petition struck out for want of jurisdiction.Ruling Delivered 18.1.2018

KITUI

2

High Court at Kitui

Election Petition 5 of 2017

 

Shadrack Mutua Kitili Independent Electoral and Boundaries Commission & 17 others Justice Lilian Mutende

- Petition challenging nomination of Member of the County Assembly for Kitui to represent persons with disabilities as required by Article 81 (c) and 177 (b)(c) of the Constitution together with Section 36 of the Elections Act No. 24 of 2011 and Section 7 of the County Government Act, 2012.
- Petition struck out. Ruling Delivered 9.1.2018

KISUMU

3

Kisumu High Court

Election Petition No. 1 of 2017

Vitalis Ojuang Odek

IEBC

Clerk of The County Assembly of

Kisumu

ODM

Kisumu County Disability Forum

Justice Thripsisa

Cherere

-Preliminary objection questioning the jurisdiction of
the court to hear and determine the petition.
-Preliminary objection upheld, petition struck
out with costs to the respondents.Ruling Delivered 20.12.2017

NAIROBI

4

Milimani High Court

Election Petition No. 11 of 2017

Aden Nur Ali

IEBC

Jubilee Party

Jennifer Shammalla

Justice Stella Mutuku

-Petition challenging nomination and election of 3rd Respondent
as Member of the National Assembly to represent the special interests
identified in the party list.Judgment Delivered 19.12.2017

High Court

Being an appeal from the judgment and decree of the High Court at Milimani (S.N. Mutuku, J.) delivered on 19th December 2017 in Election Petition Appeal No. 11 of 2017.
Appeal dismissed Judgment Delivered 19.6.2018.  

5

Milimani High Court

Election Petition No. 24 of 2017

Jane Nyaboke Matoke

ODM

IEBC

Agnes Nzani

Anita Ketora

Beth Syengo

Emily Oduor Ongwen

Judy Pareno

Justice Stella Mutuku

 

 

6

Milimani Nairobi High Court

25 of 2017

Harold Kimuge Kipchumba

IEBC

Getrude Musurove

Justice Stella Mutuku

-Application to bare 2nd Respondent from challenging the petition for failure to file response within the time stipulated under Rule 11 of the Elections Petitions Rules.
-Application dismissed.Ruling Delivered 9.11.2017


-Petition challenging nomination and election of 2nd
Respondent to represent the persons with disabilities in the Senate.
-Petition dismissed.Judgment Delivered 20.12.2017

TRANSZOIA

 

7

Kitale High Court

Election Petition No. 7 of 2017

John Osing Ayapan

ODM

IEBC

The Clerk County Assembly of

Turkana

Esther Apetet

Lilian Jediwott

Justice Stephen Riechi

 

 

WEST POKOT

8

Kapenguria High Court

Election Petition No. 1 of 2017

Isaac Epeyo Pedoo Christine

Yori

IEBC

Clerk West Pokot County Assembly

Lonyangiro Noel Jumamosi

Lyaringorngoro Lopetangole Lotuch

Justice Stephen

Githinji

 

 

9

Kapenguria High Court

Election Petition No. 2 of 2017

Agnes Chepkorir Ndege

IEBC

Clerk West Pokot

Justice Stephen

Githinji

 Petition challenging nomination of member of minority and Maginalized person for West Pokot County

- Petition Struck out.Ruling Delivered 7.12.2017

 

10

Kabarnet Magistrates Court

Election Petition No. 1 of 2017

Esther Chelimo

Veronicah Kemoi Kimitei

Maryline Jerono Koima

IEBC

Jubilee Party

Charles Bowen

Purity Tallam

Cherutich Francisca Jepkuto

Saphina Chelagat

Kiptala Jeruto

Kakerel JerutoChepranyi

Cherus Maureen Jepkosgei

Caroline ChebichiiKessi

Francisca Jepsergon Chebiret

Diana Siriti

KANU

Hon. Samson Temu

 - Application for withdrawal of the amended petition filed without leave and out of time allowed. Ruling Dated 7.10.2017

- Petition challenging nomination of members of the County Assembly of Baringo representing the marginalized and those with disabilities dismissed with costs to the 3-12th Respondent Judgment Dated 23.2.2018

BUNGOMA

11

Kimilili Magistrates Court

Election Petition No. 2 of 2017

Justine Chemtai

Winnie Atieno Nyambok

Federal Party of Kenya Party Leaders

IEBC

Hon. Dickson Odhiambo

-Petitioner challenging the gazettement of the 1st Respondent
as a member of Bungoma County in the Gender top up lists.
-Petitioner seeking through an oral application to withdraw the petition.
Oral application to withdraw the petition declined.Ruling Delivered 19.10.2017


-Application to sets aside the notice to withdraw dated 13.10.2017
and consent recorded on 16.10.2017.
-Application to grant the applicant leave to furnish
security for this petition out of time.
Application disallowed.Ruling Delivered 7.11.2017


3rd Respondent preliminary objection challenging jurisdiction of the court to determine the matter and failure to deposit security as stipulated in section 78 (1) of the Elections Act invalidates the Election Petition.

Petition struck out Ruling Delivered 16.11.2017.

GARISSA

12

Garissa Magistrates Court

Election Petition No. 4 of 2017

Kamila Muthoni Salat

Salima Hawachu Farid

Ford Kenya Party

IEBC

Hon. James Masiga

-Oral preliminary objection that the affidavit filed
in support of petition is undated.
-Preliminary objection overruled. Ruling Delivered 10.1.2018

13

Garissa Magistrates Court

Election Petition No. 5 of 2017

Hamdi Ahmed Ali

Victoria Cheruto Limo

IEBC

Hon. James Masiga

- Application whether leave should be granted to the 2nd Respondent Commission to file its response to the petition out of time.
- Application allowed, 2nd Respondent granted leave to file their response within seven days from date hereof Ruling Delivered 2.11.2017.


-Application for enjoinment as intended interested party to the petition.
Application allowed,Applicants participation to filing of submissions only.Ruling Delivered 23.11.2017


-Application whether the attendance of the witness of the 2nd Respondent
should be dispensed with or not.
-Application allowed. Ruling Delivered 29.11.2017

-Petition challenging party list nomination for gender
top-up for Garissa County Assembly.
Petition Allowed.Judgment Delivered 6.3.2018

HOMA BAY

14

Homa Bay Magistrates

Court Election Petition No. 2 of 2017

John Ogina Nyabola

ODM

IEBC

Clerk of the County Assembly of

Homa Bay County

Hon. Susan Ndegwa

-Petition challenging nominated members of the County Assembly of HomaBay.
-Petition struck out for non-compliance, costs to the 3rd respondent.Ruling Delivered 23.11.2017

KAJIADO

15

Kajiado Magistrates Court

Election Petition No. 2 of 2017

 Elizabeth Jebet Kobor

IEBC

ODM

Sandra Mario

Hon. Margaret

Kasera

-Petition challenging nomination of 3rd Respondent as a member of the county assembly in Kajiado county, special interest category.
-Petition dismissed with cost to the 1st and 3rd Respondent. Judgment Delivered 23.1.2018

High Court

 (Being an appeal arising from the Judgement of Hon. Kasera Chief Magistrate Court at Kajiado dated 23rd day of January 2018 in the Election Petition No. 2 of 2017).
Appeal allowed Judgment Delivered 28.6.2018.  

KAKAMEGA

16

Kakamega Magistrates Court

 Election Petition

No. 4 of 2017

Feisal Mustafa Abdi

ODM

IEBC

County Assembly of Kakamega

Changorok Komolngole Eric

Hon. Benson

Khapoya

 

 

17

Kakamega Magistrates Court

Election Petition

No. 7 of 2017

Alexander Khamasi Mulimi

IEBC

Amani National Congress Party

County Assembly Of Kakamega

Hon. Bildad Ochieng

 

- Application for striking out appeal dismissed with costs to the Appellant/Respondent Ruling Dated 10.5.2018.

18

Kakamega Magistrates Court

Election Petition

No. 9 of 2017

Scholastica Ngima Shiraku

Feisal Mustafa Abdi

ODM

IEBC

Hon. Benson

Khapoya

-Application to be enjoined as a petitioner to the petition.
-Application dismissed.Ruling Delivered 21.11.2017

19

Kakamega Magistrates Court

Election Petition

No. 12 of 2017

Annah Ngima Mwanthi

Amani National Congress Party

IEBC

Hon. Bildad Ochieng

 

 

20

Kakamega Magistrates Court

Election Petition No. 15 of 2017

Elvis Ayimbo Sichenga

ODM

Maureen Ongachi Amunga

Lucy Kemunto Gichana

IEBC

County Assembly Of Vihiga

Hon. Benson

Khapoya

 

 

HIGH COURT

Election Petition Appeal 3 of 2018 -Appeal from the ruling in Election Petition No. 15 of [2017] at the Chief Magistrate’s Court at Kakamega delivered on the 8th day of February, 2018.- Application for striking out of the appeal together with costs of the application as well as those of the appeal allowed Ruling Dated 24.05.2018

KERICHO

21

Kericho Magistrates Court

Election Petition No. 2 of 2017

Lorna Chemutai

Evans Kurgat

Teresa Chepkemei

IEBC

Jubilee Party of Kenya

Hon. Benard Rugut

 - Petitions challenging nomination of the interested parties as Members of Kericho County Assembly (Gender Party List) to represent gender.

- Petitions dismissed. Judgment Delivered 9.2.2018.

HIGH COURT

 Election Petition Appeal 1 of 2018 Appeal from the Judgment of the Hon. B.R Kipyegon)-Senior Resident Magistrate delivered in Kericho Election Petition No. 2 of 2017 consolidated with Petition No. 3 of 2017 on 9th February 2018. Preliminary Objection that appeal has been filed out of time, without payment of the required deposit of security under Rule 35(4) of the Elections (Parliamentary & County Elections) Petition Rules, 2017 and filed and served out of time against Rule 35(5) of the Elections (Parliamentary & County Elections) Petition Rules, 2017 dismissed with no order as to costs Ruling Dated 31.05.2018.

-Appeal from the judgment of the Honourable Resident Magistrate (B.R. Kipyegon) dated and delivered on 9th February 2018 in Election Petition No. 2 of 2017 and Consolidated Petition No. 3 of 2017)
Appeal dismissed.Judgment Delivered 31.7.18

22

Kericho Magistrates Court

Election Petition No. 3 of 2017

Erick Kipyegon Koech Everline

Chemutai

IEBC

Jubilee Party of Kenya

and 17 interested parties

Hon. Benard Rugut

 - Petitions challenging nomination of the interested parties as Members of Kericho County Assembly (Gender Party List) to represent gender.

- Petitions dismissed. Judgment Delivered 9.2.2018.

 

KIAMBU

23

Kiambu Magistrates

Court Election Petition No. 1 of 2017

Chege Ann Wanjiku

Clerk to Kiambu County Assembly and 8 others

Hon. Patricia

Gichohi

-Oral application for leave to extend time to deposit security for costs.
-Application dismissed, Petition struck out. Ruling Delivered1.12.2017

24

Kiambu Magistrates

Court Election Petition No. 2 of 2017

Susan Wangui Ngugi

Jubilee Party of Kenya

Jubilee Party Appeals Tribunal

IEBC

Jane Wanjiru Gathiga

Hon. Patricia

Gichohi

-Application for leave to amend petition.
-Application for leave to be enjoin as Interested
Parties to the petition.
-Application dismissed. Ruling Delivered 1.12.2017
25 Kiambu Magishates Court
Election Petition No. 3 of
2017 (Formerly Milimani
(Nairobi) Constnal Pet
440f2017)
Henry Wanyoike Wahu
Chnspus Mbogo
Jane Wanjuku karani
County Assembly of Kiambu
Clerk Kiambu County
Assembly
Jubilee Party
IEBC
Hon. Patricia Gichohi -Oral application for leave to extend time to
deposit security for costs.
-Application dismissed, petition struck out.Ruling Delivered 1.12.2017

KISII

26

Kisii Magistrates Court

Election Petition No 8 of 2017

Rose Moturi Mwene

IEBC

The Jubilee Party

Harriet Kerubo Ongera

Kisii County Assembly

Hon. Virginia

Karanja

-Preliminary objection that court lacks jurisdiction
to adjudicate upon the nomination of a Member of County
Assembly as provided for under Section 75(1) of the
Elections Act, 2011.
-Preliminary objection dismissed.Ruling Delivered 15.11.2017

- Petition challenging the nomination of 3rd Respondent as a Member of Kisii County Assembly (Gender Party List) to represent gender.

- Petition allowed, 1st and 2nd Respondents to conduct fresh nomination for Gender Top Up List to fill the vacancy and strictly comply with Article 177, 90, Section 34, 35, 36, 37 and Regulations 54, 55 and 56 of the Elections (General) Regulations 2012. Judgment Delivered 12.2.2018.

-    Application for an order of stay in implementing and/or Executing of the judgment/decree of the Learned trial Deputy Registrar and/or Magistrate dated 12th February, 2018 till the hearing and final determination of the Application.
Application dismissed.Ruling Delivered 22.6.18

 High Court

-Appeal from the judgment and decree of the Chief Magistrate’s Court delivered at Kisii on 12th February 2018 by Hon.  V. Karanja in Election Petition No.. 8 of 2018).
Appeal allowed.Judgment Delivered 10.8.18

27

Kisii Magistrates Court

Election Petition No 10 of 2017

Esther Okenyuri Anyieni

Mokumi Edmond Anthony

Jubilee Party

The IEBC

The Speaker, Kisii County

Assembly

Hon. S N Makila

 - Petition challenging nomination of 1st Respondent as a member of Kisii County Assembly under the marginalized group.

- Petition dismissed. Judgment Delivered 27.2.2018.

 High Court

-Appeal from the Judgment and Decree of Hon.S.N. Makila, SRM dated 23rd February 2018 at the Chief Magistrates Court at Kisii in Election Petition No.10 of 2017)
Appeal dismissed.Judgment Delivered 1.8.18

LAIKIPIA

28

Nanyuki Magistrates Court

Election Petition No. 1 of 2017

Geoffrey Githinji

Winrose Nyaguthi

Thomas Gichara

Jubilee Party

IEBC

Clerk County Assembly of Laikipia

Hon. Lucy Mutai

-Application for striking out petitioners affidavit for being defective on ground that it is improperly commissioned and that it is jointly sworn.

-Application /Petition Struck out. Ruling Delivered 3.1.2018

High Court

Appeal from the order of the election court below (L Mutai, CM, as designated by the Chief Justice) in Nanyuki CM Election Petition No 1 of 2017) dated 3rd January 2018.
Appeal dismissed with costs to the Respondents and the Interested Parties Judgment Delivered 28.6.2018.  

29

Nanyuki Magistrates Court

Election Petition No. 2 of 2017

Emma Nkirote

PNU

IEBC

Laikipia County Assembly

Clerk County Assembly of Laikipia

Hon. Josephat

Gichimu

 

 

30

Nanyuki Magistrates Court

Election Petition No. 3 of 2017

Dennis Kaniaru Mathenge

IEBC

Wafula Chebukati

Jubilee Party

And 5 others

Hon. Lucy Mutai

- Application seeking to be enjoined as an interested party in the petition
- Application dismissed with costs. Ruling Delivered 24.1.2018

- Petition challenging the nomination of the 4th -8th Respondents as nominated members of the Laikipia County Assembly representing minority category from Laikipia County.

- Petition dismissed with costs. Judgment Delivered 6.3.2018.

LAMU

31

Lamu Magistrates Court

Election Petition No. 2 of 2017

Muslims For Human Rights

(MUHURI)

Raya Famau Ahmed

Mohamed Ali Omar

Mohamed Abdulkadir

IEBC

Festus Wanjiku Ndirangu

Jane Wanjiku Ndungu

Seita Rimoine

KANU

Party of Democtratic Unity

Hon. Njeri Thuku

-Preliminary objection on jurisdiction of the court to hear the application.
Petition struck out for failure to comply with the statutory
requirements to deposit the security for costs.Ruling Delivered 1.12.2017

MAKUENI

32

Makueni Magistrates

Court Election Petion No. 1 of 2017

Ahmed Mohamed Ibrahim

Wiper Democratic Movement

IEBC

Hon. James Mwaniki

 

 

33

Makueni Magistrates Court

Election Petition No. 2 of 2017

Lukas Mulinge Wambua

IEBC

The County Assembly of Makueni

Justus Mutua Masesi

Wiper Democratic Movement-Kenya

Hon. James Mwaniki 

 - Petition challenging nomination and election of 3rd respondent as a member of the county assembly (MCA) of Makueni pursuant to the list of Wiper Democratic Movement-Kenya representing marginalized groups under the category of marginalized clan.

- Petition allowed. Judgment Delivered 14.2.2018

Being Appeals from the Judgment of Hon. J.N. Mwaniki (SPM) in the Senior Principal Magistrate’s Court at Makueni in Election Petition No. 2 of 2017, delivered on 14th February 2018.
Appeals 1, 2& 3 are allowed with costs to the Appellants, Petition 2 of 2017 dismissed with costs to the Respondents Judgment Delivered 6.7.2018.  

MANDERA

34

Mandera  Magistrates Court

Election Petition No. 2 of 2017

Hafid Maalim Abdullahi

Economic Freedom Party

IEBC

Issack Dahir Abdi

Halima Hillow Omar

Hon. Peter Areri

-Petitions challenging nomination of special interest
groups seats in the Mandera County Assembly.
-Petitions struck out and dismissed.Judgment Delivered 9.1.2018

HIGH COURT

Civil (Election) Appeal 2 of 2018 Application for amendment of the record of appeal dismissed Ruling Dated 15.05.2018

Appeal from the judgement of the Magistrate’s Court at Mandera delivered by Hon. P. N. Areri, SRM on 9th January, 2018 in Election Petition No. 2 of 2017 and 5 of 2017 (consolidated)
Appeal dismissed.Judgment Delivered 19.7.18

35

Mandera Magistrates

Court Election Petition No. 5 of 2017

Mohamed Ali Bashir

IEBC

Issack Dahir Abdi

The Economic Freedom Party

Hon. Peter Areri

-Petitions challenging nomination of special interest
groups seats in the Mandera County Assembly.
-Petitions struck out and dismissed.Judgment Delivered 9.1.2018

MARSABIT

36

Marsabit Magistrates

Court Election Petition No. 1 of 2017

Zamzam Hussein Osman

IEBC

Dibo Issacko Umuro

KANU

County Assembly of Marsabit

PNU

Hon. Boaz Ombewa

 

 

37

Marsabit Magistrates Court

Election Petition No. 2 of 2017

Abdia Mohammed Oshow

IEBC

Economic Freedom Party

Zam Zam Abdullahi Ali

Umul Ker Kassim

Hon. Boaz Ombewa

-Preliminary objection for striking out petition
on the grounds that the same was filed outside the
mandatory constitutional and statutory time frame.
-Preliminary objection allowed, petition struck out
with costs to the Respondents.Ruling Delivered 19.12.2017


-Appeal against ruling and order of Hon Boaz Ombewa delivered on 19.12.17
-Appeal and application struck out. Ruling Delivered 25.1.2018

Appeal and Cross Appeal from the Judgment and Ruling of the Chief Magistrate’s court of Kenya at Nairobi delivered on 23rd February, 2018 and 21st December, 2018 respectively by Hon. Orenge K.I S.R.M. in Election Petition 21 of 2017 allowed, Cross Appeal dismissed. Judgment Delivered 31.07.2018

38

Marsabit Magistrates Court

Election Petition No. 3 of 2017

Zeynab Allyow Issack

IEBC
Jubilee
Osman Araru Saadia

Hon. Boaz Ombewa

-Petition challenging nomination of the 3rd Respondent
as a member of county assembly Marsabit County representing
 marginalized ethnic tribe of the Sakuye.
-Preliminary objection to strike out petition.
-Preliminary objection allowed, petition struck out.Ruling Delivered 1.12.2017

MERU

39

Meru Magistrates Court

Election Petition No. 1 of 2017

Yussuf Musa Mbaya

IEBC

Esther Karimi Njeru

Kinoti Robert Kinyua

Jubilee Party

Clerk County Assembly of Meru (Interested Party)

Hon. Lucy Ambasi

 Application for injunctive orders to stop the swearing in of the 2nd and 3rd Respondents as nominated members of the Meru County Assembly representing Marginalized List.

Petition struck out, costs to the 2nd & 3rd Respondents and the Interested Party. Ruling Delivered 18.12.2017

40

Meru Magistrates Court

Election Petition No. 2 of 2017

Mohamed Abass Sheikh

IEBC

Esther Karimi Njeru

Hon. Lucy Ambasi

Kinoti Robert Kinyua

- Petition challenging nomination of the 2nd and 3rd Respondents as representatives of the Ethnic Minority in the County Assembly of Meru.
- Petition dismissed. Judgment Delivered 15.2.2018

-Appeal from the judgment and decree of the Chief Magistrates Court at Meru (Hon. Mrs. L. Ambasi) delivered on 15th February, 2018) in Election Petition NO. 2 of 2017.
Appeal Allowed. Judgment Delivered 10.9.2018

Court of Appeal

-Appeal from the judgment and decree of the Chief Magistrates Court at Meru (Hon. Mrs. L. Ambasi) delivered on 15th February, 2018) in Election Petition No. 2 of 2017.
Appeal allowed.Judgment Delivered 10.9.2018

MIGORI

41

Migori Magistrates Court

Election Petition No. 3 of 2017

Mogesi Agnes Bange

Millicent Akinyi Odalo

Florence Adongo Ochieng

Lilian Anyango Otieno

Asenath Adhiambo Oloo

Halima Omar Marwa

Hellen Moraa Omwoyo

Hellen Atieno Oduor

Grace Achieng Atieno

ODM

Caroline Akinyi Okore

Elizabeth Talla

Rose A. Aoro

Mary Dede Odiga

Judith Gad

Ruth Atieno Anyango

Clarris Dolly Oyoo

Grace Akinyi Odhiambo

Florence Abich Oile

Dorine Dande

Roseline Adhiambo Oyoo

IEBC

Langat

-Petition challenging the nomination of members of
Migori County Assembly under the gender Top-Up list
and ODM Party List by the 1st Respondent.
-Petition allowed.Ruling Delivered 4.1.2018

42

Migori Magistrates Court

Election Petition No. 5 of 2017

Erick Ouma Opany

IEBC

Grace Wanhare Ndegwa

ODM

Hon. Raymond

Langat

Application for none payment of security of costs and for extension of time within which to deposit security.
-Petition struck out. Ruling Delivered 8.12.2017.

43

Migori Magistrates Court

Election Petition No. 6 of 2017

Alfred Mdeizi

IEBC

ODM

Hon. Raymond

Langat

-Petition challenging nomination and gazzettement
of the 1st  , 2nd , 3rd , 4th , 5th, 6th and 7th Interested
Parties as members of Special Interest Category.
-Petition struck out.Ruling Delivered 8.12.2017

44

Migori Magistrates Court

Election Petition No. 7 of 2017

Clinton Mugesi Werema

ODM

Philister Atieno

Esther Atieno Onana

IEBC

Hon. Raymond

Langat


45

Migori Magistrates Court

Election Petition No. 8 of 2017

Matilda Auma Oloo

IEBC

ODM

Philister Atieno

James Otieno Ochieng Ruku

Hon. Raymond

Langat

Petition challenging the nomination of members of Migori
County assembly by 2nd respondent and subsequently gazettement
 of the nominated members,
-Petitions dismissed.Judgment Delivered 4.1.2018

MURANGA

46

Muranga Magistrates Court

 Election Petition No. 1 of 2017

Hellen Kigia

Mary Makau

Joseph Ngugi

IEBC

Hon. Margaret

Wachira

-Petition challenging removal of 1st and 2nd Petitioner from list forwarded to Political Parties Disputes Tribunal (PPDT) for lack of representation from marginalized persons.

Petition dismissed with costs to the Respondents. Judgment Delivered 4.12.2018

47

Muranga Magistrates Court

 Election Petition No. 2 of 2017

Charles Njoroge Muthoni
Joel Irungi Mwaniki
Caroline Wangan Kurra
Francis Muhena Kanukr
Margaret Wantrku Maina
IEBC
Jubrlee Party
Hon. Margaret Wachira

 

 

NAIROBI

48

Milimani Commercial Magistrates Court

Election Petition No. 3 of 2017

Perpetua Mponjiwa

IEBC

Eve Malenya

Clerk of Nairobi City County

Assembly

Hon. Elizabeth Usui

-Petition challenging publishing the 2nd Respondent name as Orange Democratic Movement Party nominee for the Member of County
Assembly for Nairobi County pursuant to article 177 (1 ) b of the
constitution under gender top up rule.
-Petition dismissed. Judgment Delivered 11.1.2018

-    Appeal from Judgment delivered on the 11th January 2018, by the Honourable Magistrate, Hon. Elizabeth Usui, Senior Principal Magistrate (SPM), in the Election Petition No. 3 of 2017.
Appeal partly allowed.
Judgment Delivered 17.7.18

49

Milimani Commercial Magistrates Court

Election Petition No. 4 of 2017

Peter Muchiri Mwangi

IEBC

Jubilee Party

Susan Mukungu

Mbugua Kabiro

Hon. Grace Mmasi

-Petition challenging the nomination of members of
 Nairobi County assembly by the respondent representing
the Marginalized Groups for Nairobi and subsequently gazettement
of the nominated members.
-Petition dismissed.Judgment Delivered 12.1.2018

50

Milimani Commercial Magistrates Court

Election Petition No. 5 of 2017

Trufosa Jelagat Kutto

IEBC

Jubilee Party

Rop Philipmon

Hon. Grace Mmasi

-Petition challenging 3rd Respondent as not duly nominated member of County Assembly and that the selection was void under Article 90 of the Constitution.
-Petition Allowed, 3rd Respondent’s election as nominated member for Nandi County Assembly is herewith nullified. Judgment Delivered 23.2.2018

51

Milimani Commercial Magistrates Court

Election Petition No. 8 of 2017

Asha Abdi Sosso

IEBC

ODM

Nairobi County City

Hon. Elizabeth Usui

- Petition challenging Nomination of Member for County Assembly, gender posts submitted by the Orange Democratic Movement as gazetted vide Vol. CXIX – No. 124 of the Kenya Gazette dated 28th August, 2017.

Petition dismissed with costs to 1st & 2nd Respondent. Judgment  Delivered 9.2.2018

52

Milimani Commercial Magistrates Court

Election Petition No. 12 of 2017

Saadia Ahmed Mumin

IEBC

Clerk County Assembly of Wajir

KANU

Kaltuma Abudullahi

Hon. Isaac Orenge

-Preliminary Objection by the petitioner that there was no security for costs that was paid as required under section 78 of the election act. Petition Struck out

-However mischief found on the part of the petitioner who used the failure to deposit security as ground for discontinuing the petition to the detriment of the 4th respondent who wanted to be substituted.
- Petitioner ordered to pay ksh 500,000/=.as costs to the 4th respondent who sought to be substituted but cannot be allowed. Ruling Delivered 20.2.2018

53

Milimani Commercial Magistrates Court

Election Petition No. 13 of 2017

Susan Wachuka

IEBC

Jubilee Party

Bowen, Charles Kimitei

Hon. Grace Mmasi

 

 

54

Milimani Commercial Magistrates Court

Election Petition No. 14 of 2017

Alhad Adam Ahmed

Solomon Odanga Magembe Alias Solomon

Beatrice Saki Muli,

IEBC

ODM

Hon. E. Juma

- Petition challenging nomination of 1st Respondent as Member of County Assembly for Makina Ward in Nairobi County.
- Preliminary objections that court lacks jurisdiction to determine issues touching on nomination and election offences.
- Preliminary objection upheld, petition struck out for want of Jurisdiction. Ruling 24.11.2017

55

Milimani Commercial Magistrates Court

Election Petition No. 16 of 2017

Bishop John Nduati

IEBC

Hon. Grace Mmasi

 - Petition challenging list of Nominees for members of Nairobi County Assemblies gazetted on 28th August, 2017 by the Respondent.

Petition allowed, list of nominees gazetted on 28/9/2017 nullified. Judgment Delivered 16.2.2018

56

Milimani Commercial Magistrates Court

Election Petition No. 19 of 2017

Sofia Galgalo

IEBC

ODM

Hon. Samuel Mungai

 

High Court

-Appeal from the ruling/order of the Chief Magistrate’s Court at Isiolo (Hon. S.M Mungai) delivered on 5th January, 2018 in ISIOLO ELECTION PETITION NO. 1 OF 2017.
Appeal dismissed with costs Judgment Delivered 28.6.2018.  

57

Milimani Commercial Magistrates Court

Election Petition No. 20 of 2017

Mariam Abdi Mohamud

IEBC

Party of National Unity

Hon. Esther Wanjala

-Petition challenging the nomination of Wajir County Assembly
for the Party List, Gender Top Up category of Party of National
Unity (PNU) for Wajir County.
-Petition allowed.Judgment Delivered 14.12.2017

High Court Appeal

- Preliminary Objection by 1st Respondent seeking the striking out of the Appeal on the grounds that the Memorandum of Appeal is incompetent, defective  and bad in law.

- Preliminary Objection dismissed, costs shall abide the appeal. Ruling Delivered 19.03.2018

58

Milimani Commercial Magistrates

Court Election Petition No. 21 of 2017

Almas Isack Mohamed

1.IEBC

2.Amul Ker Kassim 3.Amran Adan

Abdairahman 4.Zamzam Abdulahi Ali

5.EFP

Hon. Isaac Orenge

-Petition challenging election of 2nd, 3rd and 4th respondents as not being validly elected as members of the county assembly Mandera.
-Petition Allowed. Judgment Delivered 23.2.2018

59

Milimani Commercial Magistrates Court

Electio Petition No. 22 of 2017

Hellena Kisiku Kitheka

IEBC

Hon. Elizabeth Usui

-Petitioner challenging respondent decision in failing to gazette her name per the list issued by the party.

Petition Dismissed. Judgment Delivered 19.1.2018

High Court

 (Appeal from the judgment and decree of the Resident Magistrate Court at Nairobi, Hon. E.K Usui (Ms.) of 19th January, 2018)
Appeal dismissed with costs to the Respondent Judgment Delivered 28.6.2018.  

60

Milimani Commercial Magistrates Court Misc Election Petition No. 4 of 2017

Halima Daud Diriye

IEBC

ODM

Nimo Omar Haji

Hon. Elizabeth Usui

 

 

61

Milimani Commercial

Magistrates Court Election

Petition No. 23 of 2017 (Previously Misc. No.5 of 2017)

Hamida Yaroi Shek Nuri

IEBC

Amani National Congress

Faith Timaini Kombe

Hon. David Mburu

-Petition challenging 3rd Respondent nomination as member of county assembly of Tana River County nominee in the gender top up list.
- Petition allowed, nomination of 3rd Respondent as member of county assembly Tana River County invalid, null and void.Judgment Delivered 19.01.2018.


High Court

- Appeal against the Judgment and decree of the Honourable D.W. Mburu (Election Petition No.23 of 2017) delivered at Nairobi on the 19th day of January 2018.
Appeals allowed. Judgment Dated 4.5.2018

62

Milimani Commercial Magistrates Court Election

Petition No. 24 of 2017

Samira Abdirahman Hassan

IEBC

Chairman IEBC

NARC Kenya

Nasra Noor Mohammed

Fatuma Adow Jibril

Rukia Abdullahi Abdi

The Nomadic Agenda(1st interested party)

NGEC (2nd Interested Party)

Hon. Esther Wanjala

-Petition challenging the nomination of Mandera County Assembly
 for the Party List, Gender  Top Up category of The National Rainbow
Coalition Party ( NARC KENYA) for Mandera County.
-Petition dismissed.Judgment Delivered 19.12.2017
63 Mihmani Commercial
Magistrates Court Electron
Petition Mrsc. No.3 of 2017
(Filed on 4th Sept2017)
Jane Chemutar Koskei IEBC
Jubilee Party
Hon. Grace Mmasi

- Application seeking for extension of time to file a response to the Petition.
- Application for striking out petition for failure of the Petitioner to serve the Respondent within the stipulated period of seven (7)days and failure to enjoin people whose nomination to County Assembly of Laikipia being challenged.
- Applications partly allowed. Ruling Delivered 12.1.2018.


-Petition Challenging publication of Laikipia County Assembly Gender Top-up list.

-Petition Dismissed Judgment Delivered 27.2.2018.

HIGH COURT

Election Petition Appeal No. 9 Of 2018

An appeal from the Judgment and Decree of the Honourable Senior Resident Magistrate G.A MMASI (MRS) delivered on the 27th day of February, 2018 at Nairobi in Miscellaneous Election Petition No. 3 of 2017 allowed Judgment Dated 14.06.2018

64 Milimani Commercial
Magrstrates Court Election
Petition No.25 of 2017
(Filed on 19th Oct 2017)
Suleiman Yusuf Hajee IEBC
Jubilee Party
Hon. Grace Mmasi  

NAKURU

65

Nakuru Magistrates Court

Election Petition No. 2 of 2017

Ann Nashapae Kindi

Grace Awuor

IEBC

Leah Jepngetich

Alice Chepkurui Kering

Hon. Faith Munyi

 

 

66

Nakuru Magistrates Court

Election Petition No. 3 of 2017

Irene Jerop Cheboi

Catherine Jebakura Lekuta

Elizabeth Aemu Nanan

IEBC

Jubilee Party

Clerk County Assembly, Nakuru

Hon. Ben Mararo

- Petition to stop the swearing in of the nominated members of County Assembly as listed in the Gazette Notice published on 28/8/2017.
- Petition struck out, with costs to the 1st Respondent Ruling Delivered 24.10.2017.

67

Nakuru Magistrates Court

Election Petition No. 4 of 2017

Rose Wangui Kaburu

Jane Njambi Kibiru

IEBC

Jubilee Party

Nakuru County Assembly

Hon. Ben Mararo

 

 

68

Nakuru Magistrates Court

Election Petition No. 5 of 2017

Sheila Chebelion

Miriam Mgima Mbugua

Kezia Ngina Mbugua

Rosann Chebet Kuresoi

Andrew Ng'ang'a Ndungu

IEBC

Jubilee Party

Hon. Ben Mararo

- Petition for nullification of the gazettement of persons who are members of the 2nd Respondent in Nakuru County who stand validly nominated to the Nakuru County Assembly conveyed through the Kenya Gazette Notice Vol CDIX – No 124 of 28/8/2017.
- Petition struck out with costs to the Respondent Ruling Delivered 17.10.2017.

69

Nakuru Magistrates Court

Election Petition No. 6 of 2017

James Ouko Oginga

IEBC

Attorney General

Clerk of County Assembly Nakuru

Hon. Victor Ndururu

 

 

NANDI

70

Kapsabet Magistrates

Court Election Petition No. 3 of 2017

Amina Aziz

IEBC

Rop Philimon

The Clerk County Assembly of Nandi

Hon. Cheronoh Kesse 

 

 

NAROK

71

Narok Magistrates Court

Election Petition No. 1 of 2017

Naomi N. Ntiwuas

ODM

Clerk Narok County Assembly

IEBC

Jackson Lankemua Ole Naiduya

Hon. Wilbroda Juma

 

 

72

Narok Magistrates Court

Election Petition No. 2 of 2017 

Violet Soila Sikawa 

Jubilee Party

The Clerk, Narok County Assembly

IEBC

Hon. Wilbroda Juma  

-3rd Respondent’s preliminary objection on jurisdiction to
hear and determine petition as per the Constitution.
-Preliminary Objection dismissed. Ruling Delivered 2.2.2018

73

Narok Magistrates Court

Election Petition No. 6 of 2017

Sialo Natanya Tasur

Christine Tayiana Koshan

IEBC

County Assembly of Narok

The Clerk, County Assembly of Narok

Ann Potisho Kapasar

Maendeleo Chap Chap Party

Jubilee Party

Chama Cha Mashinani

ODM

KANU

National Vision Party 

Hon. Wilbroda Juma

  High Court

 - Consolidated appeals from the whole judgement of the Hon. W. Juma, Chief Magistrate Narok delivered on 15/2/2018.
Appeals allowed.Judgment Delivered 14.8.18

74 Narok Magistrates Court
Election Petition No. 7 of
201'7
(Frled on 5th Oct 2017)
Samuel Munkasio Ole
Lemurt
ODM
Elvis Kirui
IEBC
Hon. Wilbroda Juma -Dismissing Petition for want of deposit of security
for costs and lack of service or evidence of it.Ruling Delivered 20.12.2017

NYAMIRA

75

Nyamira Magistrates Court

 Election Petition

No. 3 of 2017

Damaris Nyarangi Mouni

Wafula Chebukati, IEBC Chairman

The IEBC

Irene Nyakerario Mayaka

Clerk Nyamira County Assembly

Hon. Margaret Onditi

-Ruling on jurisdiction of the court before gazettment Ruling Delivered 16.10.17


-Petition Challenging Election of 3rd Respondent as a Nominated Member of Nyamira County Assembly .
-Petition Dismissed. Judgment Delivered 28.2.2018.

HIGH COURT

Election Petition Appeal Case 1 of 2018 Application for enlarging time to file cross- appeal allowed Ruling Dated 17.05.2018.

NYANDARUA

76

Nyahururu Magistrates Court

Election Petition

No. 1 of 2017

Monica Githae

Solomon Kuria

IEBC

Jubilee Party

Margaret Wanjiru Ireri

Geofrey Ngaruiya Kariuki

Esther Wanjiku Muhoho

Joseph Kariuki Waithera

Hon. Judith Wanjala

- Preliminary Objections seeking to have the nomination of the 3rd, 4th, 5th and 6th Respondents declared unconstitutional, null and void.
- Preliminary Objections dismissed with costs. Ruling Delivered 6.12.2017


 - Application for review to vary and or set aside the orders made on 6th December 2017 by same court.
Application dismissed with costs to the petitioners. Ruling Delivered 5.2.2018

77

Nyahururu Magistrates Court

Election Petition No. 2 of 2017

David Ndung’u Ndegwa

IEBC

Jubilee Party

Margaret Wanjiru Ireri

Geofrey Ngaruiya Kariuki

Esther Wanjiku Muhoho

Joseph Kariuki Waithera

Hon. Judith Wanjala

 - Preliminary Objection objecting to the petitioner’s petition seeking to have the nomination of the 3rd, 4th, 5th and 6th respondents declared unconstitutional, null and void.

- preliminary objections on filing a supporting affidavit outside the timelines as well as depositing security for costs outside the stipulated time without leave of the court

- Preliminary objection upheld, petition struck out. Ruling Delivered 6.12.2017

NYERI

78

Nyeri Magistrates Court

Election Petition No. 1 of 2017

Omari Wanjiku Esha

IEBC

Jubilee Party

Millicent Cherotich

Hon. Wendy Micheni

-Application for leave for the 3rd Respondent to file
and serve response out of time
-Application Allowed. Ruling Delivered 24.10.17

-Petition Challenging election of 3rd Respondent as Member of County Assembly Nyeri County representing Ethnic Minority.

-Petition Allowed. Judgment Delivered 31.1.2018.

High Court

 (Appeal from the Judgment and decree of the Chief Magistrate’s Court at Nyeri delivered by Hon. Wendy K. Micheni on 31st January 2018 in Nyeri Election Petition no. 1 of 2017)
Appeal dismissed with costs to the 1st Respondent Judgment Delivered 25.6.2018.  

79

Nyeri Magistrates Court

Election Petition No. 2 of 2017

Margaret Nyathogora

IEBC

Jubilee Party

Beth Nyawira Kimaili

Hon. Wendy Micheni

-Applications seeking to dismiss the petition for
want of deposit of security for the payment of costs.
-Applications Dismissed.Ruling Delivered 31.10.2017


- Petitioners contend that the 3rd to the 15th respondents were not validly nominated by the 2nd respondent to serve in the Nyeri County Assembly.
- Petition Dismissed. Judgment Delivered 31.1.2018.

Application to strike out memorandum of appeal for failure to comply with the mandatory requirements of filing the record of appeal within the limitation period.
-    Application allowed appeal struck out with costs to the 3rd, 4th, 6th to 15th Respondents.Ruling Delivered 25.5.2018

SIAYA

80

Siaya Magistrates

Case No. 95 of 2017

Siaya County Disabled Persons

Network (SCDPN)

Mauray Asewe Ouko

Judith Akinyi Ajwala

Salim Odeny Okello

ODM

Andrew Omwele Odongo

Fily Akoth Onditi

Benard Onyango Adala

IEBC

Hon. James

Ong’ondo

 

 

81

Siaya Magistrates Court

Election Petition No. 1 of 2017

Judith Akinyi Ajwala

Filly Akoth Onditi

Siaya County People with

Disability Network (1st interested party)

ODM (2nd interested party)

Hon. James

Ong’ondo

 

 

82

Siaya Magistrates Court

Election Petition No. 2 of 2017

Mauray Asewe Ouko

IEBC

Andrew Omwende Omollo

Siaya County People with Disability Network (1st interested party)

ODM (2nd interested party)

Hon. James

Ong’ondo

 

 

TAITA TAVETA COUNTY

83 Voi Magistrates Court
Election Petition No. 3 of
2017 (Formerly Msa Constnal
Pet 41/2017)
Maria Mweke IEBC
ODM
Jubilee Alliance Party
Clerk Taita Taveta County
Hon. Elena Nderitu

 

 

84 Voi Magistrates Court
Election Petition No. 4 of
2O17(Formerly Msa Constnal
Pet 48/2017\
Mariam Nevi Befaki
Deborah Wakesho
Mwadrme
IEBC
ODM
Clerk Taita Taveta County
Hon. Elena Nderitu _ Oral application for amending the petition
Application allowed.Ruling Delivered 14.12.2017

TRANSZOIA

85

Kitale Magistrates Court

Election Petition No. 3 of 2017

Kefa Wafula Karori

IEBC

Jubilee Party

Ford Kenya & 16 Others

Hon. Patrick

Wandera

 

 

UASIN GISHU

86.

Eldoret Magistrates Court

Election Petition No. 1 of 2017

Regina Chepkemoi Chumba

Jubilee Party

IEBC & 15 Others

Hon. Charles

Obulutsa

-2nd Respondent & Interested Parties preliminary objection that the court lacks jurisdiction to determine the petition in view of Article 88(4)(e) of the Constitution, Section 74(i) of the Election Act and Section 39 of the Political Parties Act and that petition is incompetent for lack of deposit of Security Under Section 78 of the Election Acts.

- Preliminary objection dismissed with costs Ruling Delivered 13.11.2017.


- Petitioner’s application seeking the court to waive the requirement of depositing security of 100,000/=
- Application dismissed.
- 2nd Respondents Application seeking the petition to be dismissed for failure to deposit security of costs and filing and serving out of time.
- Interested Parties Application seeking to have the Petition dismissed for failure to deposit security of costs.
- 2nd Respondent’s and Interested Parties Applications allowed, petition struck out with costs. Ruling Delivered 26.1.2018

WAJIR

87

Wajir Magistrates Court

Election Petition No. 5 of 2017

Fatuma Fille Elmi

IEBC

Party for Development and Reform

Shamsa Mohamed Omar

Clerk of County Assembly Wajir County

Hon. Paul Mayova

-Application for striking out the petition for want of service.
-Application allowed, petition struck out.Ruling Delivered 21.11.2017

88.

Wajir Magistrates Court

Election Petition No. 6 of 2017

Shamsa Issa Jimale

IEBC

Party for Development and Reform

Shamsa Mohamed Omar

Clerk of County Assembly Wajir County

Hon. Paul Mayova

 - Petition challenging the nomination of the Interested Party herein on the grounds that the relevant law was breached. 

- Petition Dismissed. Judgment Delivered 23.2.2018