November 2017 Presidential Election Petition


November 2017 Presidential Election Petition

No.

Election Pet. No.

Petitioner(s)

Respondent(s)

Applications

Court Decisions

1

Presidential Election Petition 2 & 4 of 2017 (Consolidated)

John Harun Mwau

Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta

MWAU'S PETITION

Presidential election of 26th October 2017 is hereby upheld, as is the election of the 3rd respondent. Determination Dated 20th November 2017.

Pre-trial Applications
Presidential Petition 2 of 2017 John Haron Mwau Independent Electoral and Boundaries Commission, Chairperson of Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Ben Caleb Wamaya Application for joinder as an interested party disallowed RULING Dated 14th Day of November, 2017.
John Harun Mwau Independent Electoral and Boundaries Commission, Wafula Wanyonyi Chebukati, Uhuru Kenyatta & Attorney General Application by Attorney-General to appear as amicus curiae hereby denied RULING Dated 14th Day of November, 2017. .
John Haron Mwau Independent Electoral and Boundaries Commission, Chairperson of Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Edward Kings Onyancha Maina Application for joinder as an interested party disallowed RULING Dated 14th Day of Application for joinder as an interested party disallowedNovember, 2017.
Presidential Petition 4 of 2017 Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta, National Super Alliance (NASA) MUE'S PETITION Presidential election of 26th October 2017 is hereby upheld, as is the election of the 3rd respondent. Determination Dated 20th November 2017.
Pre-trial Applications
Presidential Petition 4 of 2017 Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance (NASA) Application to Strike out 4th Respondent (NASA) allowed RULING Dated 14th Day of November, 2017.
Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance Coalition (Nasa)

- Application to strike out and expunge (a) Volume 1 being an affidavit by NJONJO MUE sworn on 5th November, 2017;(b) Volume 2 being an annexture marked “NM 21” to the affidavit of NJONJO MUE filed on 7th November, 2017;(c) Volume 9 being an annexure marked “BA 13” to the affidavit of BILLY ATUDO ;(d) Volume 10A being an annexure marked “NM 21” to the affidavit on NJONJO MUE ;(e) Volume 10B being an annexure marked “BA 14” to the affidavit of NJONJO MUE; and(f) Volume 12B being an annexure marked “BA 40” to the affidavit of BILLY ATUDO from the record Disallowed.
- Application to strike out and expunge Part of paragraph 76 and the whole of 74 and 75 of the affidavit sworn by NJONJO MUE on 5th November, 2017; from the record Allowed.
- Application to strike out and expunge Paragraph 30, 31 and 61 of the Affidavit sworn by BILLY ATUDO on 5th November, 2017 Disallowed.
RULING Dated 14th Day of November, 2017.

Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance Coalition (Nasa) Application by the 3rd Respondent to strike out internal correspondences between members of the 2nd Respondent Allowed. RULING Dated 14th Day of November, 2017.
Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance Coalition (Nasa) Application for scrutiny partially granted

(i) The 2nd respondent do grant access to all original Forms 34A, Forms 34B, and Forms 34C to the petitioners herein. (Prayer 14).

(ii) The 2nd respondent do avail a certified copy of the Voter Register to the petitioners at the cost of the latter (petitioners) (Prayer 17). RULING Dated 14th Day of November, 2017.

Njonjo Mue & Khelef Khalifa Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta, National Super Alliance (NASA) & Ekuru Aukot Application for joinder as an interested party allowed RULING Dated 14th Day of November, 2017.
Njonjo Mue & Khelef Khalifa Chairperson Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Edward Kings Onyancha Maina Application for joinder as an interested party disallowed RULING Dated 14th Day of November, 2017.