View the Current Status of all Election Petitions
ELECTION PETITION UPDATE TABLE
No. | Election Pet. No. | Petitioner(s) | Respondent(s) | Electoral Area | Election Court | Court proceedings | |||
BUNGOMA | |||||||||
SENATOR | |||||||||
1 | Bungoma HC Pet. No. 3 of 2013 | Musikari Nazi Kombo | Moses Masika Wetangula IEBC Madahana Mbayah | Senator, Bungoma County | Justice Francis Muthuku Gikonyo, Bungoma HC | -Application for striking out a paragraph in an affidavit. -part of a paragraph struck out Ruling delivered on 4.6.13 -Application for need for certification of translation -Application to struck out affividavits -Application declined Ruling delivered on 7.6.13 -Application for striking out specific paragraphs in an affidavit -Striking out declined Ruling delivered on 10.6.13 -Application for objection to no annextures to affidavit -Objection succeeds to an extent Ruling delivered on 10.6.13 -Application for recount & scrutiny Application allowed Ruling delivered on 13.6.13 -Application on defective affidavit Application disallowed Ruling delivered on 4.7.13 -Appplication for recount & scrutiny -Application allowed Ruling delivered on 15.7.13 -Petition challenging Senatorial election for Bungoma County -Petition allowed Judgment delivered on 30.9.13 -An Appeal against the judgment and Decree of the High Court of Kenya t Bungoma (Gikonyo, J) rendered on 30th September, 2013 -Appeal dismissed Judgment delivered on 14.3.14 (Court of Appeal) | |||
Member of Parliament | |||||||||
2 | Bungoma HC Pet. No. 2 of 2013 | Moses Wanjala Lukoye | IEBC Bernard Alfred Wekesa Sambu Joyce Wamalwa, Returning Officer | MP, Webuye East Constituency, Bungoma County | Justice Francis Muthuku Gikonyo, Bungoma HC | - Application for objection to evidence by Petitioner. -Objection disallowed Ruling delivered on 17.5.13 Application for objection to the admissibility of exhibits
-Corrigenda Ruling dated 17.6.13 -Application for production of documents -Request disallowed Ruling delivered on 18.6.13 -An inquiry on 2 petitions filed in one -Petition spared, Petitioner to serve all Respondents Ruling delivered on 19.6.13 -The question of dual party membership and eligibility Ruling delivered on 24.6.13 Application for dismissing a petition -Petition dismissed for failure to deposit security for costs and non service Ruling delivered on 24.6.13 -Petition challenging election of Member of the National Assembly for Webuye East Constituency -Petition dismissed Judgment delivered on 30.9.13 | |||
3 | Bungoma HC Pet. No. 4 of 2013 | John Murumba Chikati | I.E.B.C Returning Officer Eseli Simiyu | MP, Tongaren Constituency, Bungoma County | Justice Francis Muthuku Gikonyo, Bungoma HC | -Application for objection to a witness – official of IEBC. -Objection disallowed Ruling delivered on 21.5.13 -Petition challenging election of Member of National Assembly for Tongaren Constituency. -Petition dismissed Judgment delivered on 30.9.13 | |||
4 | Bungoma HC Pet. No. 5 of 2013 | Philip Mukwe Wasike | James Lusweti Mukwe IEBC Silas Rotich | MP, Kabuchai Constituency, Bungoma County | Justice Hellen A. Omondi, Bungoma HC | -Application for leave to file & serve responses & all witness statements -Application allowed Ruling delivered on 3.5.13 -Directions Ruling delivered on 13.5.13 -Application to file further affidavits & adduce additional evidence,be allowed access to certain information & materials. -Preliminary objection dismissed Ruling delivered on 15.5.13 -Application for filling of further affidavits. -Application allowed Ruling delivered on 17.5.13 -Application for scrutiny and recount of the ballot papers,counterfoils of used & un-used ballot paers, counted ballot papers, polling day dairies & ballot boxes in a certain constituency. -Scrutiny and recount allowed in respect of certain documents. Ruling delivered on 6.6.13 -Petition challenging election of Member of National Assembly of Kabuchai Constituency. -Petition dismissed Judgment delivered on 26.9.13 | |||
5 | Bungoma HC Pet. No. 6 of 2013 | Joash Wamangoli | IEBC Bernard Odul, Returning Officer Daniel Wanyama Sitati Zakari Kariuki Kiaga | MP, Webuye West Constituency, Bungoma County | Justice Hellen A. Omondi, Bungoma HC | -Application for recount & secrutiny of ballot papers -Scrutiny of limited polling stations allowed Ruling delivered on 18.6.13 -Petition challenging election Member of National Assembly of Webuye West Constituency.\ Petition dismissed Judgment delivered on 26.9.13 | |||
6 | Bungoma HC Pet. No. 7 of 2013 | Martin Sarakwe Wechuli | Boniface Okhiya Otsitula IEBC Returning Officer, Bumula constituency | MP, Bumula Constituency, Bungoma County | Justice Hellen A. Omondi, Bungoma HC | -Application for withdrawal of Petition. Gazette Notice 6403 Dated 22nd April 2013 Petition withdrawn. Ruling delivered on 15.5.13 | |||
WOMEN REPRESENTATIVE | |||||||||
7 | Bungoma HC Pet. No. 8 of 2013 | Major Rtd. Godfrey Masaba | Reginalda Nakhumicha Wanyonyi IEBC Madahana Mbayah | Women Representative, Bungoma County | Justice Hellen A. Omondi, Bungoma HC | -Petition challenging the election of County Women Representative Member of National Assembly Bungoma County. -Petition dismissed Ruling delivered on 30.8.13 -Application for review of Court findings & orders issued on 30.08.13 -Application dismissed Ruling delivered on 25.9.13
-An Appeal from the Ruling and Orders of the High Court of Kenya at Bungoma (A. Omondi, J.) dated 25th September, 2013 -Appeal succeeds in part, award of costs to the interested parties is hereby set aside Judgment delivered on 13. 6. 14 (Court of Appeal) | |||
COUNTY ASSEMBLY WARD | |||||||||
8 | Bungoma HC Pet. No. 1 of 2013 | Milkah Nanyokia Masungo | Robert Wekesa Mwembe Bernard Odul, Returning Officer IEBC | County Assembly Ward Representative, Misikhu Ward, Webuye West Constituency, Bungoma County | Hon. Margaret Wambani (to be gazetted) Bungoma CM’s Court | -Application for transfer of Petition to Magistrates Court. -Petition transferred. Ruling on 17.5.13 As per Gazette Notice No. 7079, the Election Petition Number ha been replaced with Bungoma CMCC No. 2 of 2013. Click here - An appeal from the Judgment of Hon. Margaret Wambani, SPM delivered on 25/9/2013 Judgment delivered on 26.3.14 (Mabeya J) | |||
BUSIA | |||||||||
Member of Parliament | |||||||||
9 | Busia HC Pet. No. 1 of 2013 | Phillip Osore Ogutu | IEBC Michael Onyura Aringo Returning Officer | MP, Butula Constituency, Busia County | Justice Francis Tuiyott, Busia HC | -Directions at pre trial conferrence Ruling delivered on 2.5.13 -Application for scrutiny of election results. -Scrutiny allowed in one polling station. Ruling delivered on 23.5.13 -Application for recount & retallying -Application allowed for 5 polling stations Ruling delivered on 26.6.13 -Petition challenging election of Member of the National Assembly for Butula Constituency, Busia County. -Petition dismissed Judgment delivered on 9.9.13 -Appeal from a Judgment of the High Court of Kenya at Busia (F.Tuiyot,) dated 9th September,2013 Appeal dismissed Judgement delivered on 21.2.14(Court of Appeal) | |||
10 | Busia HC Pet. No. 2 of 2013 | Henry Okello Nadimo | IEBC Paul Cheruiyot Kones Pius Ababu Namwamba | MP, Budalangi Constituency, Busia County | Justice Francis Tuiyott, Busia HC | -Directions at Pre-Trial Chamber dated 14.5.13 -Application for security for costs tendered be enhanced. -Application for preliminary objection striking out affidavits & video filed out of time & irregulary placed on court record. -Preliminary objection allowed, affidavits & recording (video) struck out to be excluded on court record. Ruling delivered on 12.6.13 -Petition challenging the election of member of national assembly for Budalangi Constituency. Petition dismissed Judgment delivered on 24.9.13 | |||
11 | Busia HC Pet. No. 3 of 2013 | John Okelo Nagafwa | IEBC Samson Oriedo Ojiem Paul Otuoma Nyongesa | MP, Funyula Constituency, Busia County | Justice Francis Tuiyott, Busia HC | -Directions at Pre-Trial Chambers dated 14.5.13 -Application whether the response by the third party was signed by an unqualified person and/or a full time state officer. -Application dismissed Ruling delivered on 5.6.12 -Petition challenging election of Member of the National Assembly for Funyula Constituency. -Petition dismissed Judgment delivered on 26.9.13 | |||
ELDORET | |||||||||
Member of Parliament | |||||||||
12 | Eldoret HC Pet. No. 1 of 2013 | Charles Kamuren | Grace Jelagat Kipchoim Martin Kituyi Wekesa IEBC | MP, Baringo South Constituency, Baringo County | Lady Justice Lydia Achode, Eldoret HC | -Application to struck out petition. -An appeal from the Decision/Ruling of the High Court of Kenya at Eldoret (Achode, J.) dated 17th June, 2013 Appeal dismissed Judgment delivered on 20.12.13 (Court of Appeal) | |||
13 | Eldoret HC Pet. No. 2 of 2013 | Stephen Kipkebut | William Kipkorir Cheptumo Peter Ouma Onyango IEBC | MP, Baringo North Constituency, Baringo County | Lady Justice Lydia Achode, Eldoret HC | Application for Withdrawal. (Gazette Noptice No.6715) | |||
EMBU | |||||||||
GOVERNOR | |||||||||
14 | Embu HC Pet. No. 1 of 2013 | Kithinji Kiragu | Martin Nyaga Wambora, David Kiambi (County Returning Officer) IEBC | Governor, Embu County | Justice Hedwig Imbosa Ong’udi, Embu HC | -Application for scrutiny -Scrutiny declined Ruling delivered on 12.7.13 -Directions on scrutiny & recount Directions dated 2.7.13 -Application for nullification of gubernatorial elections for Embu County. -Application for recount & scrutiny of ballots from 2 constitituencies -Petition dismissed. Judgment read on 22.8.13 | |||
15 | Embu HC Pet. No. 2 of 2013 | M’Nkiria Petkay Shen Miriti | Ragwa Samuel Mbae IEBC Samuel Mucheru | Governor, Tharaka Nithi County | Lady Justice Jessie W. Lesiit, Meru HC | -Application for striking out petition. -Application dismissed Ruling delivered on 24.6.13 -Application seeking court’s leave to allow the Petitioner introduce additional evidence -Application rejected Ruling delivered on 1.7.13 -Application to introduce new evidence and to cross examine witnesses in election petitions under the Evidence Act -Application to cross examine allowed. -Application to introduce new evidence not within the pleadings disallowed. Ruling delivered on 15.07.13 -Petition challenging Gubernatorial election for Tharaka-Nithi County -Petition dismissed Judgment delivered on 27.9.13 -An appeal from the judgment of the High Court of Kenya at Meru (Lesiit, J.) dated 27th September, 2013 -Appeal dismissed Judgment delivered on 8.4.14 (Court of Appeal) | |||
WOMEN REPRESENTATIVE | |||||||||
16 | Embu HC Pet. No. 3 of 2013 | Mercy Kirito Mutegi | Beatrice Nkatha Nyaga, IEBC Samuel Mucheru | Women Representative, Tharaka Nithi County | Lady Justice Jessie W. Lesiit, Meru HC | -Application for striking out petition. -Application dismissed. Ruling delivered on 25.7.13 -Petition challenging election of Women Representative, Tharaka-Nithi County -Petition dismissed Judgment delivered on 27.9.13 -An appeal from the judgment and Order of the High Court of Kenya at Meru,(Lesiit, J.) dated 27th September, 2013, -Appeal dismissed Judgment delivered on 8.4.14 (Court of Appeal) | |||
COUNTY ASSEMBLY SPEAKER | |||||||||
17 | Embu HC Pet. No. 15 of 2013 | Mungai Kivuti | Margaret Lorna Kariuki, The Transition Authority IEBC | Embu County Speaker | Justice Hedwig Imbosa Ong’udi, Meru HC | -Appeal arising from Embu CMCC 54A/13. -Appeal withdrawn on 9.3.13 | |||
GARISSA | |||||||||
GOVERNOR | |||||||||
18 | Garissa HC Pet. No. 1 of 2013 | Mohammed Ali Mursal. | Saadia Mohamed IEBC Ahmed Abdullahi Mohamad | Governor, Wajir County | Justice Stella Ngali Mutuku, Garissa HC | -Service via SMS and Jurisdiction Ruling delivered on 26.3.13 -Application for Review - Election Petition 1of 13 on service via SMS and Jurisdiction of the court. -Application dismissed. Ruling delivered on 27.3.13 -Application to file further affidavits and service and to file checklists -Application allowed. -Ruling delivered on 3.6.13 -Application for reviewing court orders -Review declined Ruling delivered on 3.6.13 Application for review of orders. Application partly allowed Ruling delivered on 17.6.13 -Application for objection to expert evidence -Objection rejected Ruling delivered on 19.6.13 Ruling on evidence- delivered on 19.6.13 -Petitioner praying that 3rd Respondent was not validly elected as Governor of Wajir County and that Court to order fresh elections forv Governor Wajir County. -Petition dismissed Judgment delivered on 5.8.13 -Being appeal from the judgment & decree of the High Court of Kenya at Garissa dated 5.8.13 -Appeal dismissed Judgment delivered on 7.2.14 (Court of Appeal) | |||
19 | Garissa HC Pet. No. 2 of 2013 | Abdikhaim Osman Mohamed Sahael Nuno Abdi. | IEBC Returning Officer– Garissa County Nathif Jama Adan, | Governor, Garissa County | Justice Alfred Mabeya, Milimani HC | -Service via SMS and Jurisdiction of the Court. Ruling delivered on 26.3.13 by Justice Stella Ngali Mutuku -Application for production of the ballot boxes that are in possession of the Police -Application dismissed Ruling delivered on 7.6.13 by Justice A. Mabeya -Petition challenging Gubernatorial election for Garissa County. -Petition dismissed Judgment delivered on 24.9.13 -Being an Appeal from the Judgment and Decree of the High Court of Kenya at Garissa as heard in the High Court of Kenya at Nairobi (The Hon. Mr. Justice A. Mabeya) delivered on the 25th September, 2013 -Appeal allowed Judgment delivered on 23.4.14 (Court of Appeal) -Being an application for stay of execution of the Judgement and order of the Court of Appeal; at Nairobi in Civil Appeal No. 293 of 2013 (D.K.Maraga, J.W.Mwera & P.M.Mwilu JJ.A) dated 23rd April, 2014) -Application allowed -Ruling delivered on 9.5.14 (Supreme Court of Kenya) - Being an appeal from the Judgement and Orders of the Court of Appeal at Nairobi in Civil Appeal No. 293 of 2013 (Maraga, Mwera & Mwilu JJA) dated 23rd April, 2014)
-Petition of Appeal is allowed Judgment delivered on 9.7.14 | |||
SENATOR | |||||||||
20 | Garissa HC Pet. No. 3 of 2013 | Hussein Mohamed Abdirahman | Returning Officer- Mandera County(IEBC) IEBC Billow Adan Kerrow | Senator, Mandera County | Justice Stella Ngali Mutuku, Garissa HC | -Petition withdrawn -Order dated 6.3.14 | |||
Member of Parliament | |||||||||
21 | Garissa HC Pet. No. 5 of 2013 | Abdisalan Mohamed | IEBC Ibrahim Abdi Saney | MP Wajir North Constituency, Wajir County | Lady Justice Pauline Nyamweya, Milimani HC | -Application for withdrawal of a petition. -Petitioner granted leave to withdraw petition. -Petition marked as withdrawn. Ruling delivered on 29.7.13 | |||
22 | Garissa HC Pet. No. 6 of 2013 | Hassan Mohamed Hassan Abdikarim Nunow Amin | IEBC Festus Ngeerah(Returning Officer) Abdikadir Ore Ahmed | MP, Wajir West Constituency, Wajir County | Justice David Onyancha, Milimani HC | -Application for seeking orders of scrutiny & recount. -application rejected Ruling delivered 20.6.13 -Application for leave to call expert witness -Application dismissed Ruling delivered on 10.7.13 -Petition challenging electionof Member of the National Assembly Wajir West Constituency -Petition dismissed Judgment delivered on 19.9.13 | |||
23 | Garissa HC Pet. No. 7 of 2013 | Bashir Haji Abdullahi | Adan Mohammed Nooru Billow Adan Kerow Ekonit Komol John (RO- Mandera North Constituency) IEBC | MP Mandera North Constituency, Mandera County | Justice David Onyancha, Milimani HC | -Application for striking out petition – dismissed. -Ruling delivered on 31.5.13 -Application for striking out the Respondents “affidavits in reply”.
-Application for scrutiny of all votes cast in all 55 polling stations in respect of the national assembly seat in Mandera North Constituency -Application allowed, scrutiny & recount in respect of 6 polling stations Ruling delivered on 5.8.13 -Petition challenging election of Member of the national Assembly for Mandera North Constituency -Petition dismissed Judgment delivered on 2.10.13 -Appeal from the Judgment of the High Court of Kenya at Nairobi (Onyancha, J.) delivered on 2nd October 2013 -Preliminary objection succeeds and is upheld to the extent of ten grounds of appeal. Ruling delivered on 14.3.14 (Court of Appeal) -Being an appeal from the judgment of the High Court of Kenya at Nairobi (D. Onyancha, J.) dated on the 2nd October, 2013 -Cross appeal-allowed, appeal struck out Judgment delivered on 29.4.14 (Court of Appeal) | |||
24 | Garissa HC Pet. No. 8 of 2013 | Ahmed Abdullahi Amin Mohammedkher Adam Mahat | Abass Sheikh Mohamed I.E.B.C Njoroge Maina Andrew | MP Wajir East Constituency, Wajir County | Justice George Kanyi Kimondo, Milimani HC | -Application for withdrawal of petition -Application allowed -Ruling delivered on 25.6.13 | |||
25 | Garissa HC Pet. No. 9 of 2013 | Abdinasir Yasin Ahmed Ubah Abdullahi Sanei Yusuf Suleiman Ahmed | Ahmed Ibrahim Abass, IEBC George Chege | MP, Ijara Constituency, Garissa County | Justice Alfred Mabeya, Milimani HC | -Application for leave to call a witness to testify although his affividavit not filed. -Application granted Ruling delivered on 19.7.13 -Application for recount & scrutiny of votes cast & various documents -Application allowed Ruling read on 7.8.13 -Petition challenging election of Member of the National Assembly for Ijara Constituency -Petition dismissed Judgment delivered on 25.9.13 | |||
WOMEN REPRESENTATIVE | |||||||||
26 | Garissa HC Pet. No. 4 of 2013 | Amina Hassan Ahmed | Returning Officer Mandera County (IEBC) IEBC Fathia Mahbub | Women Representative, Mandera County | Justice David Onyancha, Milimani HC | -Application for striking out Petition for want of forms. -Petition struck out Ruling delivered on 22.5.13 | |||
27 | Garissa HC Pet. No. 10 of 2013 | Maryan Hussein Mohamed | IEBC Returning Officer (Garissa County) Shukra Hussein Gure Director of Immigration Services, Ministry of Immigration and Registration of Persons, the AG (Interested Parties) | Women Representative, Garissa County | Justice Edwina Rose Ougo, Milimani HC | Application for Withdrawal. (Gazette Notice No. 7450) | |||
HOMA BAY | |||||||||
Member of Parliament | |||||||||
28 | Homa Bay HC Pet. No. 1 of 2013 | Charles Ong’ondo Were | Joseph Oyugi Magwanga IEBC Returning Officer, Kasipul Constituency | MP, Kasipul Constituency, Homa Bay County | Justice Esther Nyambura Maina, Homabay HC | -Application by interested party soughting leave to participate in the proceedings as the 4th Respondent in a petition. -Application dismissed Ruling delivered on 27.5.13 -Application for scrutiny & recount -Application for objection to hearing of any further proceedings in the petition. -Preliminary objection dismissed -Application for scrutiny & recount rejected. Ruling delivered on 30.5.13 -Petition challenging election of Member of the National Assembly for Kasipul Constituency, Homa Bay County. -Petition dismissed Judgment delivered on 2.9.13 | |||
KAKAMEGA | |||||||||
GOVERNOR | |||||||||
29 | Kakamega HC Pet. No. 5 of 2013 | Mable Muruli | Hon. Wycliffe Ambetsa Oparanya, Philip Museve Kutima, Nicholas Sumba, IEBC | Governor, Kakamega County | Justice Said Juma Chitembwe, Kakamega HC | -Application for expunging several paragraphs contained in the petitioners affidavits. Application dismissed Ruling delivered on 26.6.13 -Petition challenging Gubernatorial election Kakamega County -Petition dismissed Judgment delivered on 13.9.13 -Being an appeal against the Judgment of the High Court of Kenya at Kakamega (Said J. Chitembwe, J.) dated 13th September, 2013 -Appeal dismissed Judgment delivered on 14.3.14 (Court of Appeal) | |||
Member of Parliament | |||||||||
30 | Kakamega HC Pet. No. 3 of 2013 | Antony Luyudi. Isayi | Raphael Milikau Otaalo IEBC | MP, Lurambi Constituency, Kakamega County | Justice Said Juma Chitembwe, Kakamega HC | -Petition challenging election of Member of Parliarment for Lurambi Constituency. -Petition dismissed Judgment delivered on 4.9.13 | |||
31 | Kakamega HC Pet. No. 4 of 2013 | Joseph Amisi Omukanda | IEBC Wilson Kimutai Kipchumba (Returning Officer) Emanuel Wangwe | MP, Navakholo Constituency, Kakamega County | Justice Said Juma Chitembwe, Kakamega HC | -Application for striking out entire paragraph of affidavit Application allowed partly Ruling delivered on 19.6.13 -Application for scrutiny & recount -Recount allowed Ruling delivered on 26.7.13 -Petition challenging election of Member of the National Assembly for Navakholo Constituency. -Petition dismissed Judgment delivered on 20.9.13 -Appeal from the Judgment/Decree of the High Court of Kenya at Kakamega (Chitembw,e J.) dated 20th day of September, 2013 -Order on costs of the petition set aside and substituted with an order dismissing the petition with costs to the 3rd respondent -Appeal dismissed Judgment delivered on 14.3.14 | |||
32 | Kakamega HC Pet. No. 6 of 2013 | Justus Gesito Mugali M'mbaya | IEBC Anami Silverse Lisamula Daniel Lenarum (RO) | MP, Shinyalu Constituency, Vihiga County | Justice Erick Kennedy O. Ogola, Kakamega HC | -Application to expunge paragraphs from the evidence and order for scrutiny -Application allowed partly Ruling delivered on 21.6.13 - Application for striking out affidavits Ruling delivered on 21.6.13 -Petition challenging election of Member of the National Assembly, Shinyalu Constituency. -Petition dismissed Judgment delivered on 4.10.13 - Being an application for stay of execution of the Judgment and orders of the Court of Appeal at Kisumu Civil Appeal No. 51 of 2013
dated 11th April, 2014 -Application allowed Ruling delivered on 3.6.14 (Supreme Court) -Appeal from the Judgement and Order of the Court of Appeal of Kenya sitting at Kisumu (Onyango Otieno, Kiage and Murgor, JJA) delivered on 11th April, 2014 in Kisumu Civil Appeal No. 51 of 2013-Petition of Appeal allowed Judgment delivered on 16.7.14 (Supreme Court) | |||
33 | Kakamega HC Pet. No. 7 of 2013 | Aurthur Kibira Apungu Julius Abraham Sikalo Ochiel | IEBC Returning Officer- Luanda Constituency Christopher Omulele | MP, Luanda Constituency, Vihiga County | Justice Erick Kennedy O. Ogola, Kakamega HC | -Application to strike out petition. -Application dismissed. Ruling delivered on 20.6.13 -Application for leave to file affidavits by witnesses out of time. -Application allowed with conditions Ruling delivered on 20.6.13 Petition challenging election of Member of the National Assembly for Luanda Constituency. Petition dismissed Judgment delivered on 7.10.13 -Being an appeal from the judgment of the High Court of Kenya at Kakamega (E.K. Ogola J.) delivered on 7th October, 2013 -Appeal dismissed Judgment delivered on 2.5.14 (Court of Appeal) | |||
34 | Kakamega HC Pet. No. 8 of 2013 | Benjamin Ogunyo Andama | Benjamin Andola Andayi Sally Chesang’ (Returning Officer) IEBC | MP, Khwisero Constituency, Kakamega County | Justice George Matatia Abeleka Dulu, Kakamega HC | -Application to strike out and/or expunge further affidavits filed by the Petitioner. -Application allowed Ruling delivered on 6.6.13 -Application for leave to grant petitioner to give oral evidence in sup port of of the supplemental petition. -Supplemental petition struck out. Ruling delivered on 19.6.13 -Application for issuance of warrant of arrests for the Petitioner’s witnesses. -Application declined Ruling delivered on 20.6.13 -Application for recount & retallying -Application disallowed Ruling delivered on 2.7.13 -Appeal- Application for stay of further proceedings from Ruling & Orders of the High Court of Kenya at Kakamega (Dulu J) dated 19 th & 20th June & 2nd July 2013. -Application struck out Ruling delivered on 7.8.13 (Court of Appeal at Kisumu) -Application challenging the declaration of the 1st Respondent as the winner of member of parliament of the national assembly of Khwisero Constituency -Election Petition dismissed Judgment delivered on 29.8.13 | |||
35 | Kakamega HC Pet. No. 9 of 2013 | Paul Posh Abwora | IEBC Michael Kosgei (Returning Officer) David Aoko Were | MP, Matungu Constituency, Kakamega County | Justice Erick Kennedy O. Ogola, Kakamega HC | -Application for joining presiding officers as respondents to a petition Where there are allegations made against them. -Application dismissed. Ruling delivered on 29.5.13 -Petition challenging election of Member of the National Assembly for Matungu Constituency Petition dismissed Judgment delivered on 7.10.13 -Appeal from the Judgment of the High Court of Kenya at Kakamega(Eric Ogola, J) dated 7th October, 2013 -Appeal dismissed Judgment delivered on 2.5.14 (Court of Appeal) | |||
36 | Kakamega HC Pet. No. 10 of 2013 | Moses Saisi | IEBC Returning Officer Likuyani Constituency Enock Kibunguchi | MP, Likuyani Constituency, Kakamega County | Justice George Matatia Abeleka Dulu, Kakamega HC | -Application for dismissal of the petition for failure to effect service & deposit security for costs. -Petition dismissed Ruling delivered on 13.6.13 | |||
KERICHO | |||||||||
SENATOR | |||||||||
37 | Kericho HC Pet. No. 1 | Nicholas Kiptoo Arap Korir Salat | IEBC Wilfred Rotich Lesan Robert Siolei, Returning Officer Kennedy Onchayo Wilfred Wainaina Patrick Wanyama Mark Manko Abdi Kadir Sheikh | Senator, Bomet County | Justice Aggrey Muchelule will shortly be gazetted, Kericho HC | -Application for cross-examining petitioners witnesses -Application declined Ruling delivered on 8.7.13 -Application for scrutiny & Recount -Application dismissed Ruling delivered on 10.7.13 -Petition challenging Senatorial election for Bomet County Petition dismissed Judgment delivered on 19.8.13 -Appeal - Application by the Respondents to strike out the appeal filed against the of the Judgment and Orders at Kericho Law Courts (Muchelule, J.) delivered on 19th August, 2013 -Application dismissed Ruling delivered on 22.11.13 (Court of Appeal)
-An Application pursuant to Rule 23, 33(1) and 53 of the Supreme Court Rules 2012)- Extension of time to appeal -Application allowed Ruling delivered on 4.7.14 (Supreme Court) | |||
KISII | |||||||||
GOVERNOR | |||||||||
38 | Kisii HC Pet. No. 3 of 2013 | Edward Akong’o Oyugi | IEBC Jairus Obaga Zachariah Okoth Obado | Governor, Migori County | Justice Esther Nyambura Maina, Homa Bay HC | -Application for objection to call a witness -Application allowed Ruling delivered on 11.6.13 -Directions on scrutiny Ruling delivered on 13.6.13 -Petition challenging election of Gevernor for Migori County. -Petition dismissed Judgment delivered on 5.9.13 -An appeal to strike out the Supplementary Record of Appeal, the Further Supplementary Record of Appeal and/or set aside orders issued by the Deputy Registrar, Court of Appeal -Application dismissed Ruling delivered on 7.2.14 (Court of Appeal)
- An application for stay of execution of the Judgment and order of the Court of Appeal of Kenya at Kisumu, in Civil Appeal No. 39 of 2013 dated March 28, 2014 -Application allowed Ruling delivered on 23.4.14 (Supreme Court) -Being an Appeal against the Judgment and Order of the Court of Appeal sitting at Kisumu in Civil Appeal No. 39 of 2013 (Onyango Otieno, Ouko & Ole Kantai, JJA) dated March 28, 2014 -Petition of Appeal allowed Judgment delivered on 17.7.14 (Supreme Court) | |||
SENATOR | |||||||||
39 | Kisii HC Pet. No. 9 of 2013 | Charles Oigara Mogere | Christopher Mogere Obure Nyangau Shem obworo | Senator, Kisii County | Lady Justice Ruth Sitati, Kisii HC | -Application for scrutiny Apllication dismissed Ruling delivered on 11.6.13 -Petition challenging Senatorial election for Kisii County Petition dismissed Judgment delivered on 16.9.13 | |||
Member of Parliament | |||||||||
40 | Kisii HC Pet. No. 2 of 2013 | John Oroo Oyioka | IEBC Peter Resa Zebedeo John Opore | MP, Bonchari Constituency, Kisii County. | Lady Justice Ruth Sitati, Kisii HC | -Application whether the evidence of a witness who sits in court when other witnesses are testifying should be rejected. -Application dismissed Ruling delivered on 25.6.13 -Application for scrutiny and recount of the votes cast in Bonchari Constituency. -Application for recount allowed Ruling delivered on 2.7.13 -Petition challenging the election of member of national assembly for Bonchari Constituency -Petition allowed, 3rd Respondent was validly elected as the member of national assembly for Bonchari Constituency, Kisii County. Judgment delivered on 20.9.13 | |||
41 | Kisii HC Pet. No. 4 of 2013 | Nyabaro Onditi | Zebedeo Opore Peter Resa IEBC | MP, Bonchari Constituency, Kisii County. | Lady Justice Ruth Sitati, Kisii HC | -Application whether the evidence of a witness who sits in court when other witnesses are testifying should be rejected. -Application dismissed Ruling delivered on 25.6.13 -Application for scrutiny and recount of the votes cast in Bonchari Constituency. -Application for recount allowed Ruling delivered on 2.7.13 -Petition challenging the election of member of national assembly for Bonchari Constituency -Petition allowed, 3rd Respondent was validly elected as the member of national assembly for Bonchari Constituency, Kisii County. Judgment delivered on 20.9.13 | |||
42 | Kisii HC Pet. No. 5 of 2013 | Richard Nyagaka Tong’i | IEBC Robert Ng’eny Chris Munga Nyamaratandi Bichange | MP, Nyaribari Chache Constituency, Kisii County | Justice Edward Muriithi, Kisii HC | -Application for striking out paragraphs of the petition -Some paragraphs struck out & expunged from the record Ruling delivered on 27.6.13 -Petition challenging election of Member of the National Assembly for Nyaribari Chache Constituency Petition allowed, 3rd Respondent was not validly elected Judgment delivered on 7.10.13 -Application for stay of execution Pending Appeal from the Judgmentand Order of the High Court of Kenya at Kisii (Murithi,J) dated 7th October, 2013 -Application allowed Ruling delivered on 22.11.13 (Court of Appeal) | |||
43 | Kisii HC Pet. No. 7 of 2013 | Eng. Peter Kimora Maranga | Joel Omwaga Onyancha Gilbert Serem IEBC | MP, Bomachoge Borabu Constituency, Kisii County. | Justice Edward Muriithi, Kisii HC | -Application whether affidavits not commissioned by a commissioner of oaths are valid. -Petition challenging & seeking nullification of election for Bomachage Borabu Constituency Petition allowed, 1st Respondent was not validly elected Judgment delivered on 7.10.13 | |||
44 | Kisii HC Pet. No. 8 of 2013 | Paul Gitenyi Mochorwa | Timothy Moseti Bosire Fredrick Hezekiah Owino Odenge IEBC | MP, Kitutu Masaba Constituency, Nyamira County. | Justice Edward Muriithi, Kisii HC | -Petition challenging election of Member of the National Assembly for Kitutu Masaba Constituency -Petition dismissed Judgment delivered on 30.9.13 -Appeal from the Judgment of the election court (High Court of Kenya at Kisii) Hon. Muriithi J. dated 30th September, 2013 -Appeal dismissed Judgment delivered on 14.3.14 (Court of Appeal) | |||
45 | Kisii HC Pet. No. 11 of 2013 | Odalo Makojwando Abuor | Dalmas Otieno Anyango Returning Officer Rongo Constituency IEBC | MP, Rongo Constituency, Migori County. | Justice Esther Nyambura Maina, Homa Bay HC | -Directions on application for recount and scrutiny. Ruling delivered on 20.6.13 -Petition challenging election of Member of the National Assembly for Rongo Constituency, Migori County -Petition dismissed. Judgment delivered on 10.9.13 | |||
WOMEN REPRESENTATIVE | |||||||||
46 | Kisii HC Pet. No. 6 of 2013 | Fatuma Zainab Mohammed | Ghati Dennitah IEBC Benson Njau (Kuria East Returning Officer) Lilina Liluma (Returning Officer Awendo Constituency) Moses Omondo Daula (Returning Officer Nyatike Constituency) Jakton Nyonje (Returning Officer Oriri Constituency) Noah Bowen (Rongo Constituency) Alex Uyuga (Returning officer Suna East Constituency) Jairus Obago (Returning Officer Migori County) Adam Mohamed (Returning officer Kuria West Constituency) | Women Representative, Migori County | Justice Edward Muriithi, Kisii HC | -Application for leave to deposit security costs. -Application allowed. Ruling delivered on 21.5.13 -Application challenging constitutionality of section 76(1)(a) of the Election Act. -Court decision on preliminary objection deffered to 26.7.13 Ruling delivered on 9.7.13 -Petition challenging election of Migori County Women Representative. -Petition dismissed Judgment delivered on 7.10.13 | |||
47 | Kisii HC Pet. No. 10 of 2013 | Ezekiel Okondo, Ochieku | IEBC Shem Nyangau Mary Sally Kera Alias Mary Sally Otara | Women Representative, Kisii County | Lady Justice Ruth Sitati, Kisii HC | -Application for leave to withdraw a petition & substitution of a party -Application allowed Ruling delivered on 11.6.13 Application for withdrawal. (Gazette Notice No. 6714) -Application for striking out petition -Petition struck out Ruling delivered on 31.7.13 | |||
KISUMU | |||||||||
GOVERNOR | |||||||||
48 | Kisumu HC Pet. No. 2 of 2013 | William Oduol | Cornel Rasanga IEBC Safaricom Limited | Governor, Kisumu County | Justice Aggrey O. Muchelule, Kisumu HC | -Application for admissibility of video evidence -Video evidence not admissible Ruling delivered on 5.6.13 -Application for scrutiny & recount -Application for recount allowed Ruling delivered on 3.7.13 -Application for recount of votes in all polling stations in 3 constituencies. -Application dismissed Ruling delivered on 22.7.13 -Application from an order of the High Court of Kenya at Kisumu (Muchelule J) dated 22.7.13 -Preliminary objection struck out Ruling delivered on 23.9.13 (Court of Appeal at Kisumu) -Application for nullification of gubernatorial elections for Siaya County. -Application allowed – 3rd Respondent was not validly elected as the Governor for Siaya County. Judgment delivered on 23.8.13 | |||
Member of Parliament | |||||||||
49 | Kisumu HC Pet. No. 1 of 2013 | Jared Odoyo Okelo | IEBC R.O Nyando Constituency ODM Party Fredrick Otieno Outa | MP, Nyando Constituency, Kisumu County | Justice Aggrey O. Muchelule, Kisumu HC | -Application for recount & scrutiny -Application dismissed Ruling delivered on 14.6.13 -Appeal from the ruling and order of the High Court of Kenya at Kisumu (Muchelule, J) dated 14th June, 2013 - Preliminary objection upheld, appeals struck out Judgment delivered on 27.9.13 -Petition challenging election of Member of the National Asembly for Nyando Constituency -Petition dismissed Judgment delivered on 30.9.13
-An application for stay of execution of the whole judgment/orders of the Court of Appeal sitting at Kisumu dated 28th March 2014 -Application allowed Ruling delivered on 6.5.14 (Supreme Court) -Being an Appeal from the Judgment and Order of the Court of Appeal sitting in Kisumu (Waki, Maraga & Ole Kantai JJA), delivered on 28th March, 2014 in Kisumu Civil Appeal No. 46 of 2013) - Appeal is allowed, and the determination by the Court of Appeal nullifying the election of Appellant, set aside. Judgement delivered on 3.7.14 (Supreme Court) | |||
50 | Kisumu HC Pet. No. 2 of 2013 | Rozaah Akinyi Buyu | IEBC John Olago Aluoch Returning officer | MP, Kisumu West Constituency, Kisumu County. | Justice Hillary Kiplagat Chemitei, Kisumu HC | -Petition challenging election of Member of the National Assembly for Kisumu West Constituency. -Petition dismissed Judgment delivered on 4.9.13 -Appeal from a Judgment and Orders of the High Court of Kenya at Kisumu (Chemitei, J) dated 4th September 2013 -Appeal dismissed Judgment delivered on 21.2.14 (Court of Appeal) | |||
51 | Kisumu HC Pet. No. 3 of 2013 | Ernest Ogesi Kivai | Yusuf Kifuma Chanzu, IEBC Godfrey Engor (Returning Officer) | MP, Vihiga Constituency, Vihiga County. | Justice Hillary Kiplagat Chemitei, Kisumu HC | -Application for scrutiny, recount & nullification of parliamentary elections for Vihiga Constituency. -Petition dismissed Judgment delivered on 3.9.13 | |||
KITALE | |||||||||
GOVERNOR | |||||||||
52 | Kitale HC Pet. No. 6 of 2013 | Dr. Noah Mahalanganga Wekesa | Patrick Simiyu Khaemba IEBC The Returning Officer Trans Nzoia County | Governor, Trans Nzoia County | Justice Joseph R. Karanja, Kitale HC | -Application for leave be granted an extension of time to deposit further security of costs. -Application allowed on conditions Ruling delivered on 6.6.13 -Petition challenging Gubernatorial election for Trans Nzoia County -Petition dismissed Judgment delivered on 5.9.13 | |||
SENATOR | |||||||||
53 | Kitale HC Pet. No. 3 of 2013 | Ambassador Orie Rogo Manduli | Catherine Mukite Nabwola IEBC Forum for the Restoration of Democracy Kenya The Clerk to Senate | Senator, Kitale County | Lady Justice Abigail Mshila, Kitale HC | -Application challenging the jurisdiction of the court to hear & determine petition -Petition incompetent -Petition struck out Ruling delivered on 19.6.13 | |||
Member of Parliament | |||||||||
54 | Kitale HC Pet. No. 5 of 2013 | John Lokitare Lodinyo | Mark Lomunokol IEBC Nobert K. Kemei | MP, Kacheliba Constituency, West Pokot County | Justice Joseph R. Karanja, Kitale HC | -Application to deposit further security for costs -Application allowed. Ruling delivered on 22.5.13 -Application for striking out petition -Application allowed Judgment delivered on 16.7.13 | |||
55 | Kitale HC Pet. No. 7 of 2013 | Asman Omari Wafula a.k.a Wafula O. A. Mutacho | David Wafula Wekesa IEBC Ibrahim Farah, the Returning Officer | MP, Saboti Constituency, Trans Nzoia County | Justice Joseph R. Karanja, Kitale HC | -Application for recount & retallying in all polling stations -Recount deffered Ruling delivered on 16.7.13 -Petition challenging election of Member of the National Assembly for Saboti Constituency -Petition dismissed Judgment delivered on 3. 10.13 | |||
56 | Kitale HC Pet. No. 8 of 2013 | James Kuya Ebei | IEBC Daniel Nanok Epuyo Kirori Kimani | MP Turkana West Constituency, Turkana County | Lady Justice Abigail Mshila, Kitale HC | -Application for dismissal of petition for non payment of security costs & non – service. -Application allowed. -Petition dismissed Ruling delivered on 11.6.13 | |||
57 | Kitale HC Pet. No. 9 of 2013 | Jonas Misto Vincent Kuko | David Wafula Wekesa IEBC Farah Abdi Ibrahim | MP Saboti Constituency, Trans Nzoia County | Lady Justice Abigail Mshila, Kitale HC | -Application for extension of time to deposit security for costs. -Application allowed on conditions. Ruling delivered on 13.6.13 Application for recount & retallying in all polling stations -Recount deffered Ruling delivered on 16.7.13 -Petition challenging election of Member of the National Assembly for Saboti Constituency -Petition dismissed Judgment delivered on 3. 10.13 | |||
58 | Kitale HC Pet. No. 10 of 2013 | Joshua Mutoto Werunga | Robert Pukose, IEBC Joyce Namunyak The Returning Officer | MP, Endebess Constituency, Trans Nzoia County | Justice Joseph R. Karanja, Kitale HC | -Application for leave be granted an extension of time to deposit further security for costs. -Application allowed on conditions. Ruling delivered on 4.6.13 -Application for jurisdiction of the Court & to strike out Petition. -Petition invalid & incompetent for lack of necessary jurisdiction Petition struck out Ruling delivered on 23.7.13 | |||
59 | Kitale HC Pet. No. 11 of 2013 | Charles Maywa Chedotum Philemon Chepkwony Lotudo | Samuel Moroto Chumel IEBC Paul Chemuttut Returning Officer | MP, Kapenguria Constituency, West Pokot County | Justice Joseph R. Karanja, Kitale HC | -Application for scrutiny & recount of the ballot papers used in National assembly elections and County ward representatives, Kapenguria Constituency. -Whether a Petition filed by more than one Petitioner imposes upon each obligation to separately deposit security of costs. - Application dismissed Ruling delivered on 4.6.13 -Application for striking out petition -Application allowed Judgment delivered on 31.7.13 | |||
WOMEN REPRESENTATIVE | |||||||||
60 | Kitale HC Pet. No. 12 of 2013 | Eunise Wanjiru Kamau Karanja | IEBC Janet Wangabo Wanyama Returning Officer, Trans Nzoia County | Women Representative, Trans Nzioa County | Lady Justice Abigail Mshila, Kitale HC | -Application for striking out petition -Petition struck out Ruling delivered on 27.6.13 | |||
MACHAKOS | |||||||||
GOVERNOR | |||||||||
61 | Machakos HC Pet. No. 4 of 2013 | Wavinya Ndeti | Alfred Mutua IEBC Mutua Katiku Machakos Returning Officer | Governor, Machakos County | Justice David A.S. Majanja, Machakos HC | -Application for striking out Petition in regard to rule 10 (1)(c) of Elections (Parliamentary and County Elections) Petition Rules 2013. -Application dismissed. Ruling delivered on 28.5.13 -Application for leave to tender additional evidence in form of additional witness affidavits. -Application allowed. Ruling delivered on 10.6.13 -Application for scrutiny Application dismissed Ruling delivered on 2.7.13 -Application for leave to appeal against the ruling & order of the election court on 2.7.13 -Application allowed. Ruling delivered on 9.7.13 -Petition challenging election of the Machakos County Governor -Petition dismissed Judgment delivered on 17.9.13 -Being an appeal against the entire judgment, decree and order of the High Court of Kenya at Machakos (Hon. Mr. Justice David S. Majanja) delivered on 17th September, 2014 -Appeal & Cross-appeal struck out Judgment delivered on 9.4.14 (Court of Appeal) | |||
SENATOR | |||||||||
62 | Machakos HC Pet. No. 6 of 2013 | John Harun Mwau | Mutula Kilonzo IEBC Kitonyi Joseph Kamandi | Senator, Makueni County | Justice Lillian Nabwire Mutende, Machakos HC | Notice of the death of the 1stRespondent (Gazette Notice No. 7448) Nominations scheduled on 26-27th June 2013.By-elections on 22nd July if contested.(Gazette Notice No. 7082) -Application pursuant toArticle 101,103 & 105 of the Constitution,Section 3A of the Civil Procedure Act,Section 80(3) of the Elections Act, Rule 29 of Election(Parliamentary & County) Petition Rules 2013. Ruling delivered on 29.5.13 -Application for leave to withdraw the Election Petition. -Leave granted. -Petition withdrawn Ruling delivered on 24.6.13 | |||
Member of Parliament | |||||||||
63 | Machakos HC Pet. No. 1 of 2013 | Richard Kalembe Ndile | IEBC Partick Musimba Mweu Returning Officer Kibwezi West Constituency IEBC | MP, Kibwezi West Constituency, Makueni County | Justice David A.S. Majanja, Machakos HC | -Application for striking out Petition in regard with rule 10(1) (c) of Elections (Parliamentary and County Elections) Petition Rules 2013. -Application dismissed. Ruling delivered on 28.5.13 -Application for preservatory orders to secure the ballot boxes. -Application declined. Ruling delivered on 5.6.13 -Application for an order to recount, re-tally and scrutiny of votes cast -Application allowed Ruling delivered on 11.06.13 -Application for recount & scrutiny of vote cast -Application allowed Ruling delivered on 17.6.13 -Application seeking re-opening of scrutiny process which has been completed. Application allowed Ruling delivered on 2.7.13 -Declaration that 1st Respondent was not validly elected as the Member of Parliament of National Assembly for the Kibwezi West Constituency Judgment delivered on 15.8.13 - An application for stay of execution of the Judgment of the High Court of Kenya at Nairobi by (Majanja, J.) dated 15th August, 2013 -Application dismissed Ruling delivered on 4.10.13 (Court of Appeal) | |||
64 | Machakos HC Pet. No. 2 of 2013 | Thomas Malinda Musau | Stephen Mutinda Mule IEBC Leonard Okemwa The Returning Officer | MP, Matungulu Constituency, Machakos County | Justice Lillian Nabwire Mutende, Machakos HC | -Directions at Pre-Trial Chamber dated 2.5.13 -Joint affidavit deponed by Petitioners struck out. -Application for leave to file a complaint affidavit granted. -Petitioners at liberty to call witnesses to give viva voce evidence. Ruling delivered on 15.5.13 -Application to be furnished with the polling day diary -Application dismissed Ruling delivered on 27.5.13 -Application challenging election process & the declaration of the results. -Election process nullified Ruling delivered on 30.7.13 -Appeal from the judgment and decree of the High Court of Kenya at Machakos (Mutende, J.) dated 30th July, 2013 Appeal allowed Judgment delivered on 31.1.14 (Court of Appeal) | |||
65 | Machakos HC Pet. No. 7 of 2013 | Caroline Mwelu Mwandika | Patrick Mweu Musimba IEBC Gedi Arale Noor | MP, Kibwezi West Constituency, Machakos County | Justice David A.S. Majanja, Machakos HC | -Application for striking out Petition. -Application contravining Rule 10 (1) (c) of the Elections (Parliamentary and County Elections) Petition Rules 2013. -Application dismissed Ruling delivered on 28.5.13 -Application for recount & scrutiny of votes csat -Application allowed Ruling delivered on 17.6.13 -Declaration that 1st Respondent was not validly elected as the Member of Parliament of National Assembly for the Kibwezi West Constituency Judgment delivered on 15.8.13 - An application for stay of execution of the Judgment of the High Court of Kenya at Nairobi by (Majanja, J.) dated 15th August, 2013 -Application dismissed. Ruling delivered on 4.10.13 (Court of Appeal) | |||
66 | Machakos HC Pet. No. 8 of 2013 | Patrick Ngeta Kimanzi | Marcus Mutua Muluvi, IEBC Alice Kimani, The Returning Officer | MP, Kitui East Constituency, Kitui County | Justice David A.S. Majanja, Machakos HC | -Application for extension of time for depositing security for costs. -Jurisdiction of the Court. Court – Sect 78(3) of the act permits the Court to extend time for furnishing security for costs. -Petitioner to show cause why the Petition should not be dismissed for failure to deposit security within the time limited by section 78(1) of the Elections Act 2011. Ruling delivered on 28.5.13 -Application to struck out petition -Petition struck out Ruling delivered on 17.6.13 -Being an appeal from the ruling and order of the election Court (High Court at Machakos)(D. Majanja, J.) delivered on 17th June 2013 -Appeal struck out Ruling delivered on 21.2.14 (Court of Appeal) | |||
67 | Machakos HC Pet. No. 9 of 2013 | Wilson Mbithi Munguti, Philip Mutua Stephen Muthoka, John Kalata Malii, Joseph Mutuku Musau, Solomon Kimuyu Kilonzo, | Patrick Makau King’ola IEBC | MP, Mavoko Constituency, Machakos County | Justice Lillian Nabwire Mutende, Machakos HC | -Requirement of a plaintiff swearing affidivat on behalf of Co-plaintiffs procuring a written authority. -Preliminary Objection dismissed Ruling delivered on 23.5.13 -Application for striking out petition for failure to enjoin the Returning Officer to the Petition as a Respondent. -Application dismissed Ruling delivered on 5.6.13 -Petition challenging election of Member of the National Assembly fot Mavoko Constituency. Petition dismissed Judgment delivered on 18.7.13 | |||
MALINDI | |||||||||
GOVERNOR | |||||||||
68 | Malindi HC Pet. No. 1 of 2013 | Lenno Mwambura Mbaga | IEBC Hon. Amason Kingi Jeffa | Governor, Kilifi County | Justice Christine W. Meoli, Malindi HC | -Application challenging the election of the Interested party / 1st Repondent as the winner of the eletions of Governor, Kilifi County -Petition dismissed Judgment delivered on 28.8.13 | |||
69 | Malindi HC Pet. No. 2 of 2013 | Dobson Chiro Mwahunga | IEBC Amason Kingi Jeffa | Governor, Kilifi County | Justice Christine W. Meoli, Malindi HC | Ruling on directions Ruling delivered on 4,4.13 -Application for copies of results, forms 35 & 36, principal registers for votes, priciopal registers(poll register) & list of presiding & deputy officers -Petition struck out Ruling delivered on 31.5.13 | |||
70 | Malindi HC Pet. No. 3 of 2013 | Francis Bayah | IEBC Amason Kingi Jeffa | Governor, Kilifi County | Justice Christine W. Meoli, Malindi HC | -Application challenging the election of the Interested party / 1st Repondent as the winner of the eletions of Governor, Kilifi County -Petition dismissed Judgment delivered on 28.8.13 | |||
71 | Malindi HC Pet. No. 4 of 2013 | Swaleh Salim Swaleh Imu | IEBC Bonaya Silvanio Issa Timamy | Governor, Lamu County | Justice Florence N. Muchemi, Malindi HC | - Petition challenging Gubertorial election for Lamu County -Petition dismissed Judgment delivered 25.9.13 -An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Malindi (Muchemi, J.) dated 25th September, 2013 in Election Petition No.4 of 2013 Consolidated with Election Petition No. 5 of 2013 -Appeal allowed Judgment delivered on 13.1.14 (Court of Appeal) | |||
72 | Malindi HC Pet. No. 5 of 2013 | Fahim Yasin Twaha | Silvano Buko Bonaya, IEBC Hon.Timamy Issa Abdalla | Governor, Lamu County | Justice Florence N. Muchemi, Malindi HC | - Petition challenging Gubertorial election for Lamu County -Petition allowed, election nullified fresh election ordered Judgment delivered 25.9.13 Court of Appeal decision not received yet* -An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Malindi (Muchemi, J.) date 25th September, 2013 in Election Petition No. 4 of 2013 Consolidated with Election Petition No. 5 of 2013 -Appeal allowed Judgment delivered on 13.1.14 (Court of Appeal) | |||
73 | Malindi HC Pet. No. 16 of 2013 | Dobson Chiro Mwahunga | Kilifi County Returning Officer Amason Kingi Jefwa IEBC | Governor, Kilifi County | Justice Christine W. Meoli, Malindi HC | - Ruling on directions Ruling delivered on 4,4.13 -Application for copies of results, forms 35 & 36, principal registers for votes, priciopal registers(poll register) & list of presiding & deputy officers -Petition struck out Ruling delivered on 31.5.13 | |||
SENATOR | |||||||||
74 | Malindi HC Pet. No. 9 of 2013 | Hassan Abdalla Albeity | Abu Chiaba IEBC | Senator, Lamu County | Justice Cecilia Wathaiya Githua, Malindi HC | -Application for scrutiny, recount & retallying of vote cast -Application dismissed Ruling delivered on 20.6.13 -Application for production of original copies of forms 35 & 36 -Application dismissed Ruling delivered on 25.7.13 -Petition challenging Senatorial election for Lamu County -Petition dismissed Judgment delivered on 26.9.13 | |||
75 | Malindi HC Pet. No. 13 of 2013 | Kumbatha Naomi Cidi | The County Returning Officer Kilifi Secretary IEBC Stewart Madzayo. | Senator, Kilifi County | Justice Florence N. Muchemi, Malindi HC | -Application for dismissal for non-service and failure to deposit security costs. Petition struck out Ruling delivered on 21.5.13 | |||
76 | Malindi HC Pet. No. 15 of 2013 | Mohamed O. Maro. | Ali Abdi Bule IEBC The County Returning Officer Tana River | Senator, Tana River County | Justice Cecilia Wathaiya Githua, Malindi HC | -Application for striking out petition for non service & failure to deposit security for costs within the time. -Petition dismissed/struck out Ruling delivered on 29.5.13 | |||
Member of Parliament | |||||||||
77 | Malindi HC Pet. No. 6 of 2013 | Rishad Hamid Ahmed Amana | Julius Ndegwa Kariuki IEBC Stephen Kitsao Karani | MP, Lamu West Constituency, Lamu County. | Justice Luka Kiprotich Kimaru, Malindi HC | -Application for scrutiny, recount and retallying of votes -Application allowed Ruling delivered on 12.6.13 -Application for striking out petition -Application dismissed Ruling delivered on 24.7.13 - Petition challenging election of Member of the National Assembly, Lamu West Constituency -Petition dismissed Judgment delivered on 24.7.13 | |||
78 | Malindi HC Pet. No. 8 of 2013 | Sarah Mwangudza Kai | Mustafa Iddi Salim IEBC Aisha Abubakar | MP, Kilifi South Constituency, Kilifi County. | Justice Cecilia Wathaiya Githua, Malindi HC | -Application for striking out petition for service out of time & being filed by incompetent person. -Application dismissed. Ruling delivered on 12.6.13 -Petition challenging election of Member of the nationa Assembly for Kilifi South Constituency Petition dismissed Judgment delivered on 12.9.13 | |||
79 | Malindi HC Pet. No. 10 of 2013 | Samuel Kambi Kazungu | Chea Mwinga Gunga IEBC | MP, Kaloleni Constituency, Kilifi County. | Justice Luka Kiprotich Kimaru, Malindi HC | -Application for substitution of a petitioner -Application declined Ruling delivered on 3.7.13 (Received scanned & pdf document can’t be converted -Application for withdrawal of a petition -Application allowed Ruling delivered on 3.7.13 | |||
80 | Malindi HC Pet. No. 12 of 2013 | Aboud Ali | Adhan Nuri Berhe IEBC | MP, Lamu East Constituency, Lamu County. | Justice Luka Kiprotich Kimaru, Malindi HC | -Application to struck out Petition. -Application allowed. Ruling delivered on 29.5.13 (Appeal pending in the Court of Appeal) | |||
81 | Malindi HC Pet. No. 14 of 2013 | Benson Karisa Ngirani Maneno | Jacob Machekele Peter Safari Shehe IEBC | MP, Ganze Constituency, Kilifi County. | Justice Luka Kiprotich Kimaru, Malindi HC | -Petition cchallenging election of Member of the National assembly for Ganze Constituency. -Petition dismissed Judgment delivered on 22.8.13 | |||
WOMEN REPRESENTATIVE | |||||||||
82 | Malindi HC Pet. No. 7 of 2013 | Bwana Mohamed Bwana | Silvano Buko Bonaya Shakila Abdalla Mohamed IEBC | Women Representative, Lamu County | Justice Florence N. Muchemi, Malindi HC | -Application for leave to file further affidavits. Application allowed. Ruling delivered on 21.5.13 -Application for service of response to Petition. Application allowed Ruling delivered on 23.5.13 - Petition challenging election of Women Representative, Lamu County. -Petition dismissed Judgment delivered on 23.9.13
-An appeal from the ruling of the Court of Appeal at Malindi dated 8th April, 2014 in the Election Petition Appeal No. 40 of 2013) -Application to certify an application as urgent and for service to be dispensed with in the first instance. -Application dismissed. Ruling delivered on 28.5.14 (Supreme Court) | |||
83 | Malindi HC Pet. No. 11 of 2013 | Anastasia Wanjiru Mwangi | Shakila Abdalla Mohamed IEBC | Women Representative, Lamu County | Justice Florence N. Muchemi, Malindi HC | -Petition challenging election of Women Representative Lamu County. Petition struck out Ruling delivered on 18.6.13. | |||
MERU | |||||||||
GOVERNOR | |||||||||
84 | Meru HC Pet. No. 1 of 2013 | Dickson Mwenda Kithinji | Peter Munya IEBC Fredrick Njeru Kamundi | Governor, Meru County | Justice James Aaron Makau, Meru HC | -Application for extention of time for service and filing of affidavits. -Application dismissed Ruling delivered on 3.5.13 Application for recount & scrutiny -Application allowed to specific documents Ruling delivered on 2.8.13 -Petition challenging Gubernatorial election for Meru County -Petition dismissed Judgment delivered on 23.9.13 Being an Appeal from the Judgment and Decree of the High Court of Kenya at Meru (Makau, J.) delivered on 23rd September 2013 -Appeal allowed Judgment delivered on 12.3.14 (Court of Appeal)
-Application for stay of execution of the judgment and order of the Court of Appeal at Nyeri in Civil Appeal No. 38 of 2013 pending the hearing and determination of an appeal against the said judgment -Application allowed Ruling delivered on 2.4.14 (Supreme Court) -Appeal from the Judgment and Orders of the Court of Appeal sitting at Nyeri (Visram, Mohammed & Otieno-Odek JJ.A) delivered on 12th March, 2014 in Nyeri Civil Appeal No. 38 of 2013 -Petition of Appeal allowed. Judgment delivered on 30.5.14 (Supreme Court)
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85 | Meru HC Pet. No. 2 of 2013 | Ismail Suleiman and 9 Others | IEBC Godana Adhi Doyo Dominziano Laikuru Maingi | Governor, Isiolo County | Justice James Aaron Makau, Meru HC | -Petition challenging the elections of Governor for Isiolo County -Petition dismissed Judgment delivered on 7.8.13 | |||
SENATOR | |||||||||
86 | Meru Election Pet. No. 3 Of 2013 | Ismail Suleiman and 9 Others | Mohammed Kuti Returning Officer, Isiolo IEBC | Senator, Isiolo County | Justice James Aaron Makau, Meru HC | -Application for striking out Petition -Petition struck out Ruling delivered on 14.6.13 | |||
MOMBASA | |||||||||
GOVERNOR | |||||||||
87 | Mombasa HC Pet. No. 2 of 2013 | Jacinta Wanjala Mwatela | Returning Officer- Taita Taveta Secretary, IEBC IEBC Johnson Mtuta Mruttu Interested Parties- Elijah Mwandoe, Mwanyengela Ngali, Sophie Kibai, Wisdom Mwamburi | Governor, Taveta County | Justice Maureen Odero, Mombasa HC | -Application for extension of time to file witness affidavits -Application allowed. Ruling delivered on 20.6.13 -Application for striking out petition -Application dismissed Ruling delivered on 22.8.13 -Application for striking out the affidavits of the 4 witnesses -Application dismissed Ruling delivered on 28.8.13 - Petition challenging Gubernatorial election for Taita Taveta County -Petition dismissed Judgment delivered on 3.10.13 | |||
88 | Mombasa HC Pet. No. 8 of 2013 | Suleiman Said Shahbal | IEBC Mwadime, Mwashigadi Hassan Ali Joho Hazel Ezabel Nyamoki Ogunde | Governor, Mombasa County | Justice Fredrick A. Ochieng, Mombasa HC | -Aplication for dismissing /striking out Petition. -Constitutionality of section 76 of Elections Act Ruling delivered on 23.5.13 -Directions on scrutiny -Directions given on 7.6.13 -Appeal against part of the ruling & decision of the High court (Ochieng J) datede 23.5.13 in Msa HC Petition 8 of 2013. Order delivered on 10.6.13 (Court of Appeal) -Appeal challenging constitutionality of section 76(1) (a) of Election Act. -Application dismissed Judgment delivered on 25.7.13 (Court of Appeal) - Petition challenging Gubernatorial election for Mombasa County - Petition dismissed Judgment delivered on 27.9.13 -Appeal from the Ruling of the Court of Appeal sitting at Malindi (Githinji, Makhandia and Sichale, JJA) which dismissed the Appellants Appeal and Allowed the 1st Respondent's Cross-Appeal dated 25th July, 2013 in Malindi, Civ. Appeal No. 12 of 2013 -Appeal allowed Judgment delivered on 4.2.14 (Supreme Court of Kenya) -Appeal from the judgment and decree of the High Court of Kenya at Mombasa (Ochieng, J.) dated 27th September, 2013 -Appeal struck out Judgment delivered on 23.4.14 (Court of Appeal) | |||
SENATOR | |||||||||
89 | Mombasa HC Pet. No. 5 of 2013 | Mwamlole Tchappu Mbwana | Boy Juma Boy Mr. Rashid Soud (County Returning Officer- Kwale) IEBC | Senator, Kwale County | Justice Fredrick A. Ochieng , Mombasa HC | -Application for striking out responses. -Application dismissed Ruling delivered on 23.5.13 -Petition challenging Senatorial election for Kwale County -Petition dismissed Judgment delivered on 27.9.13 An appeal from judgment and orders of the High Court of Kenya at Mombasa (Ochieng, J.) dated 27th September, 2013 -Appeal struck out Judgment delivered on 14.2.13 (Court of Appeal) | |||
Member of Parliament | |||||||||
90 | Mombasa HC Pet. No. 1 of 2013 | Philip Munge Ndolo | Omar Mwinyi Shimbwa Florence Birya (Returning Officer IEBC, Changamwe) IEBC | MP, Changamwe Constituency, Mombasa County. | Justice Maureen Odero, Mombasa HC | -Application for striking out further affidavits. -Application allowed Ruling delivered on 14.6.13 -Application for recount & scrutiny -Application dismissed. Ruling delivered on 24.7.13 -Petition challenging election of member of national assembly for changamwe constituency. -Petition dismissed. Judgment delivered on 24.9.13 | |||
91 | Mombasa HC Pet. No. 3 of 2013 | Basil Criticos | IEBC, Isaiah Saha Madzungu Naomi Namsi Shaban | MP, Taveta Constituency, Taveta County | Justice Fredrick A. Ochieng, Mombasa HC | -Cross-examining a witness on issues not raised in the plaint -Objection dismissed Ruling delivered on 26.6.13 -Petition challenging election of Member of the National assembly for Taveta Constituency -Petition dismissed Judgment delivered on 27.9.13 -Application for extension of time for service of the Notice of appeal filed on 30th May, 2013 arising from the ruling and order of the High Court of Kenya at Mombasa (Ochieng, J.) dated 23rd May, 2013 Ruling delivered on 22.10.13 (Sichale JA) | |||
92 | Mombasa HC Pet. No. 4 of 2013 | Gideon Mwangangi Wambua | IEBC Mr. Khatib Mwashetani Mr Juma Musa(Returning Officer Lunga Lunga) | MP, Lunga Lunga Constituency, Kwale County | Justice George Vincent Odunga, Mombasa HC | -Constitutionality of section 76 of Elections Act -AG directed to initiate the process of legislative amendment to the Elections Act. Ruling delivered on 23.5.13 -Notice of motion brought under provisions of elections general regulations 2012,part 4 of the elections both parliamentary & county petition rules 2013 and sections 2,176 to 181 of cap 80 laws of Kenya -notice of motion dismissed with costs to 2nd respondent Ruling delivered on 30.5.2013 -Application for striking out petition & abuse of court process. -Application dismissed Ruling delivered on 18.6.13 -Application for scrutiny & recount -Application dismissed Ruling delivered on 3.9.13 -Petition challenging election of Member of the National Assembly for Lunga Lunga Constituency -Petition allowed Judgment delivered on 26.9.13 -An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Mombasa (Odunga J) dated 26th September, 2013 in H. C. Election Petition No. 4 of 2013 consolidated with Election Petition No. 9 of 2013) -Appeal allowed Judgment delivered on 23.1.14 (Court of Appeal)
-Application seeking leave to appeal to the Supreme Court -Notice of preliminary objection up held, originating motion dismissed Ruling delivered on 13.5.14 (Supreme Court) -An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in Civil Appeal No. 39 of 2013) -Applicant’s notice of motion succeeds, granted 14 days extension time to lodge an appeal in the Supreme Court. Ruling delivered on 4.7.14 (Supreme Court) | |||
93 | Mombasa HC Pet. No. 6 of 2013 | Nuh Nassir Abdi | Ali Wario Francis Runyah (Returning Officer) IEBC | MP, Bura Constituency, Tana River County | Justice George Vincent Odunga, Mombasa HC | -Application for scrutiny & recount -Application allowed Ruling delivered on 1.7.13 -Application for suspension of recount -Application declined Ruling delivered on 8.7.13 -Application for review on recount order Application dismissed Ruling delivered on 11.7.13 -Applicatio for striking out petition -Application disallowed Ruling delivered on 23.7.13 -Application for cross-examination on polling day book diary -Application allowed Ruling delivered on 29.7.13 -Application for supplying incomplete documents to Counsels -Application disallowed Ruling delivered on 30.7.13 -Petition challenging election of Member of the National Assembly Bura Constituency -Petition dismissed Judgment delivered on 25.9.13 | |||
94 | Mombasa HC Pet. No. 7 of 2013 | Said Buya Hiribae | Hassan Dukicha Abdi, Henry Kombe (Returning Officer) IEBC | MP, Galole Constituency, Tana River County | Justice George Vincent Odunga, Mombasa HC | -Application for dismissal for failure to deposit security. -Petition dismissed Ruling delivered on 22.5.13 | |||
95 | Mombasa HC Pet. No. 9 of 2013 | Hassan Nyanje Charo | IEBC Juma Musa Juma Khatib Abdallah Mwashetani | MP, Lunga Lunga Constituency, Kwale County | Justice George Vincent Odunga, Mombasa HC | -Constitutionality of section 76 of Elections Act. -AG directed to initiate the process of legislative amendment to the Elections Act. Ruling delivered on 23.5.13 Notice of motion brought under provisions of elections general regulations 2012,part 4 of the elections both parliamentary & county petition rules 2013 and sections 2,176 to 181 of cap 80 laws of Kenya -notice of motion dismissed with costs to 2nd respondent Ruling delivered on 30.5.2013 -Application for striking out petition & abuse of court process -Application dismissed Ruling delivered on 18.6.13 -Application for scrutiny & recount -Application dismissed Ruling delivered on 3.9.13 -Petition challenging election of Member of the National Assembly for Lunga Lunga Constituency -Petition allowed Judgment delivered on 26.9.13 -An Appeal from the Judgment, Decree and Order of the High Court of Kenya at Mombasa (Odunga J) dated 26th September, 2013 in H. C. Election Petition No. 4 of 2013 consolidated with Election Petition No. 9 of 2013 -Appeal allowed Judgment delivered on 23.1.14 (Court of Appeal)
-Application seeking leave to appeal to the Supreme Court -Notice of preliminary objection up held, originating motion dismissed Ruling delivered on 13.5.14 (Supreme Court) -An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in Civil Appeal No. 39 of 2013) -An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in Civil Appeal No. 39 of 2013 -Application allowed Ruling delivered on 4.7.14 (Supreme Court) | |||
96 | Mombasa HC Pet. No. 10 of 2013 | Seif Kajembe | Constituency Returning Officer Jomvu Constituency Secretary IEBC IEBC Bady Twalib Bady | MP, Jomvu Constituency, Mombasa County | Justice George Vincent Odunga, Mombasa HC | -Application for recount & scrutiny of all ballots cast in Constituency. -Application dismissed Ruling delivered on 12.8.13 - Petition challenging election of Member of the National Assembly for Jomvu Constituency. -Petition dismissed Judgment delivered on 25.9.13
An application from the Judgment and Order of the Court of Appeal sitting at Malindi (Okwengu, M’Inoti & Sichale JJA) dated 27th November, 2013 in Civil Appeal No. 39 of 2013) -Applicant’s notice of motion succeeds, granted 14 days extension time to lodge an appeal in the Supreme Court. Ruling delivered on 4.7.14 (Supreme Court) | |||
NAIROBI | |||||||||
GOVERNOR | |||||||||
97 | Milimani HC Pet. No. 1 of 2013 | Ferdinard Waititu | IEBC Isaac Hassan RO Nairobi County Evans Odhiambo Kidero Jonathan Mweke Attorney-General DCIO- Gigiri Ploice Division DCIO-Kayole Police Division Inspector-General of Police | Governor, Nairobi | Justice Richard Mwongo, Milimani HC | -Application for striking out Petition. -Constitutionality of Section 76 of Elections Act. -Application dismissed. Ruling delivered on 21.3.13 by Mumbi Ngugi J -Application for cross – examination of witnesses -Application allowed in respect of certain catergories Ruling delivered on 26.6.13 -Application for stay of proceedings -Application dismissed Ruling delivered on 27.6.13 -Application for scrutiny & recount -Application allowed Ruling delivered on 28.6.13 -Application for stay of proceedings & execution of the ruling & order refusing the petition the use of form 35 & 36 -Application dismissed Ruling delivered on 24.7.13 (Court of Appeal) -Petition challenging election of Governor & Deputy Governor for Nairobi County. -Petition dismissed Judgment delivered on 10.9.13 -Being an appeal from the judgment, decree and order of the High court of Kenya at Nairobi (Justice R. Mwongo) -Appeal allowed by the majority Judgment delivered on 13.5.14 (Court of Appeal) | |||
98 | Milimani HC Pet. No. 3 of 2013 | Joseph Tiampati Ole Musuni Ledama Olekina | Samuel Kuntai Tunai Arusa Evalyn Chepkirui IEBC Michael Cheruiyot Samuel Chacha Joshua Tulwo Jackton Okubasu Martin Malonza Mohammed Raka Isaac Ruto Transitional Authority | Governor, Narok | Justice Roseline P.V. Wendo, Nakuru HC | -Application for stay of swearing in of Narok Governer. (SP) -Application dismissed Ruling delivered on 26.3.13 by Majanja J at Milimani HC Application for scrutiny -Application for recount & scrutiny -Scrutiny allowed Ruling delivered on 23.7.13 -Petition challenging Gubernatorial election for Narok County. -Petition dismissed Judgment delivered on 20.9.13 | |||
99 | Milimani HC Pet. No. 6 of 2013 | Josiah Tarayia Kipelian Ole Kores | Dr. David Ole Nkedienye Paul Ntiati Tom Mboya IEBC | Governor, Kajiado County | Justice Alfred Mabeya, Milimani HC | -Application for filing of Petition timelines under Constitution and Elections Act -Application dismissed Ruling delivered on 17.5.13 -Petition challenging election of Governor & Deputy Governor for Kajiado County. -Petition dismissed Judgment delivered on 29.8.13 | |||
SENATOR | |||||||||
100 | Milimani HC Pet. No. 13 of 2013 | Lydia Mathia | Naisula Lesuuda IEBC | Senate | Justice Edwina Rose Ougo, Milimani HC | -Application for staying election petition or granting alternative prayer to strike out/ dismiss election petition. -Application dismissed Ruling delivered on 21.6.13 - Petition challenging the nomination & gazettement of the 1st Respondent to Senate -Petition dismissed Judgment delivered on 27.9.13 -An Application for orders that the appellant does deposit security for costs in an appeal from the judgment & Decree of the High Court of Kenya at Nairobi (R. E. Ougo, J.) delivered 27th September, 2013 -Application allowed to an extent Ruling delivered on 20.12.13 (Court of Appeal) | |||
101 | Milimani HC Pet. No. 14 of 2013 | Ben Njoroge Godliver Nanjira Omondi | IEBC Linet Kemunto Nyakeriga Harold Kimunge Kipchumba | Senate | Justice Edwina Rose Ougo, Milimani HC | - Petition challenging election of the 2nd & 3rd Respondents to the Senate as representatives of persons with disability -Petition allowed Judgment delivered on 27.9.13 -Being an appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Rose Ougo, J.) delivered in Nairobi on 27th September, 2013 -Appeal dismissed Judgment delivered on 20.12.13 (Court of Appeal) | |||
Member of Parliament | |||||||||
102 | Milimani HC Pet. No. 2 of 2013 | Steven Kariuki | George Mike Wanjohi IEBC Milliam Wanjiru Gachihi | MP, Mathare Constituency, Nairobi County | Justice George Kanyi Kimondo, Milimani HC | -Application for striking out Petition. -Application partly succeed Ruling delivered on 16.5.13 -Petition challenging election of Member of the National Assembly for Mathare Constituency -Petition dismissed Judgment delivered on 13.9.13
-Application for stay of execution of the Judgment and Orders of the Court of Appeal of Kenya at Nairobi in Civil Appeal No.272 of 2013 dated March 18th 2014 - Application for stay is allowed Ruling delivered on 29.4.14 (Supreme Court) -Being an Appeal from the judgement and decree of the Court of Appeal of Kenya at Nairobi in Civil Appeal No. 272 of 2013 (Maraga, Gatembu & Mohammed JJ.A), dated 18th March, 2014 -Appellant’s appeal is disallowed, and the determination made by the Court of Appeal is upheld Judgment delivered on 23.5.14 (Supreme Court) | |||
103 | Milimani HC Pet. No. 4 of 2013 | George Aladwa Omwera | Benson Mutura Kangara, Florence Kwamboka Mogaka IEBC | MP, Makadara Constituency, Nairobi County | Justice Richard Mwongo, Milimani HC | -Aplication (orally) for delivery of ballot boxes. -Application dismissed Ruling delivered on 5.6.13 -Application for arrest of witness for admitting voting for more than once -Application allowed Ruling delivered on 6.6.13 - Petition challenging election of Member of the National assembly Makadara Constituency - Petition dismissed Judgment delivered on 27.9.13 | |||
104 | Milimani HC Pet. No. 5 of 2013 | Kakuta Maimai Hamisi | Peris Pesi Tobiko IEBC Returning Officer Kajiado East Constituency | MP, Kajiado East Constituency, Kajiado County | Justice George Kanyi Kimondo, Milimani HC | -Application for striking out replying affidavits and annextures – Dismissed -Application for scrutiny of votes – Application stayed. -Application for extension of time to file and serve the unpugned affidavits and response to the Petition – Allowed Ruling delivered on 24.5.13 -Application for scrutiny -Partial scrutiny allowed Ruling delivered on 25.6.13 -An Appeal from the ruling & order of the High Court of Kenya at Nairobi (G. Kimondo J) delivered on 25.6.13 -Appeal struck out Judgment delivered on 8.8.13 (Karanja, Ouko & Kiage JJA) | |||
105 | Milimani HC Pet. No. 7 of 2013 | Mohamed Mahat Kuno | Abdikadir Omar Aden IEBC Titus Mutemi | MP, Balambala Constituency, Garissa County | Judge Nancy Kamau, Milimani HC | -Application for scrutiny of written statements, copies of registers, marked registers & polling station diaries. -Application dismissed Ruling delivered on 12.8.13 | |||
106 | Milimani HC Pet. No. 8 of 2013 | Kituo cha Sheria | John Ndirangu IEBC | MP, Embakasi Central Constituency, Nairobi County | Justice George Kanyi Kimondo, Milimani HC | -Application for challenging nomination or qualification of Member of Paliament. -Application struck out and dismissed Ruling delivered on 24.5.13 | |||
107 | Milimani HC Pet. No. 9 of 2013 | Mary Wangari Mwangi | John Omondi Ogutu Sylvia Maritim IEBC | MP, Embakasi East Constituency, Nairobi County | Justice Richard M. Mwongo, Milimani HC | -Application whether the court should allow petitioners missing docum ent reffered to as marked into the court record. -Application allowed Ruling delivered on 4.6.13 -Petition challenging election of Member of the National Assembly for Embakasi East Constituency. -Petition dismissed Judgment delivered on 8.10.13 | |||
108 | Milimani HC Pet. No. 11 of 2013 | Hosea Mundui Kiplagat | Sammy Komen Mwaita, IEBC Moses Simiyu Nyongesa (Returning Officer, Baringo Central Constituency) | MP, Baringo Central Constituency, Baringo County | Lady Justice Lydia Achode, Eldoret HC | -Application to strike out Petition -Application dismissed. Ruling delivered on 3.6.13 - Petition challenging election of Member of the National assembly for Baringo Central Constituency. -Petition dismissed Judgment delivered on 9.9.13 | |||
109 | Milimani HC Pet. No. 12 of 2013 | Karanja Kabage | Hon. Joseph Kiuna Kariambegu Nganga, Fidelis Kitili Kivaya (Returning Officer Njoro Constituency) IEBC | MP, Njoro Constituency, Nakuru County | Justice Mathew Anyara Emukule, Nakuru HC | -Application on preliminary objection -Application dismissed Ruling delivered on 16.7.13 -Petition challenging election of Member of the National Assembly for Njoro Constituency -Petition dismissed. Judgment delivered on 11.9.13 -Being an Application for Leave to file and serve out of time a Noticeof Grounds for affirming the decision for reasons other than or additional to those relied upon by the High Court of Kenya at Nakuru by Hon. Justice Anyara Amukule delivered on 11th September, 2013 -Application declined Ruling delivered on 14.3.14 (P M Mwilu JA) -An appeal from the judgment and decree of the High Court of Kenya at Nakuru (Anyara Emukule, J.) dated 11th September, 2013 -Appeal dismissed Judgment delivered on 23.4.13 (Court of Appeal) | |||
110 | Nairobi H.C. Pet. No. 15 of 2013 | 1. Clement Kungu Waibara 2. Henry Njenga Mbote | Francis Kigo Njenga Returning Officer Gatundu North Constituency IEBC Attorney General | MP, Gatundu North Constituency, Kiambu County | Justice Richard Mwongo, Milimani HC | -Application for striking out petition because it is unconstitutional. -Petition struck out Ruling delivered on 27.5.13 -Application for review or set aside the order made on 27.5.13. -Application dismissed Ruling delivered on 29.8.13 | |||
NAKURU | |||||||||
Member of Parliament | |||||||||
111 | Nakuru HC Pet. No. 1 of 2013 | Simon Kiprono Sang | Zakayo Cheruiyot John Cox Lorionokou IEBC | MP, Kuresoi South Constituency, Nakuru County | Justice Roseline P.V. Wendo, Nakuru HC | -Application for striking out petition -Petition struck out Ruling delivered on 8.7.13 | |||
112 | Nakuru HC Pet. No. 2 of 2013 | Harun Meitemei Lempaka | Lemanken Aramat Isack Ruto IEBC | MP, Narok East Constituency, Narok County | -Application for recount & scrutiny -Application dismissed Ruling delivered on 28.6.13 -Application for votes recount -Application dismissed Ruling delivered on 8.7.13 -Petition challenging election of Member of the National Assembly for Narok East Constituency. Petition dismissed Judgment delivered on 5.9.13 -Appeal from the Judgment of the High Court of Kenya at Nakuru (Emukule, J.) dated 5th September, 2013 -Appeal allowed Judgment delivered on 28.3.14 (Court of Appeal)
-Application for stay of execution of the judgment of the Court of Appeal sitting at Nairobi (Waki, Musinga & Gatembu, JJA) dated 28th March, 2014 in Nairobi Civil Appeal No. 276 of 2013) -Application allowed Ruling delivered on 14.5.14 (Supreme Court)
-An appeal from the Judgment of the Court of Appeal sitting at Nairobi (Waki, Musinga & Gatembu, JJA.) dated 28th March, 2014 in Nairobi Civil Appeal No. 276 of 2013) -Appeal allowed, the appellate Court’s Judgment of 28th March, 2014 is annulled. Judgment delivered on 6.8.14 (Supreme Court) | ||||
NYERI | |||||||||
GOVERNOR | |||||||||
113 | Nyeri HC Pet. No. 1 of 2013 | Dr. Thuo Mathenge | Nderitu Gachagua IEBC | Governor, Nyeri County | Justice James Wakiaga, Nyeri HC | -Application for Court’s jurisdiction to hear Petition on ungazetted elections results. -File referred back to Hon Chief Justice for directions. Ruling delivered on 26.3.13 -Application for striking out petition. -Application dismissed. Ruling delivered on 10.6.13 -Appeal- An appeal from the ruling & order of the Highcourt of Kenya at Nyeri (wakiaga J) dated 10.6.13 -Cross appeal allowed & appeal dismissed Judgment delivered on 20.8.13 -Petition challenging election of Governor for Nyeri County -Petition dismissed Judgment delivered on 9.9.13 -An appeal from the Judgment and Decree of the High Court of Kenya at Nyeri (Wakiaga, J.) dated 9th September, 2013 -Appeal dismissed -Judgment delivered on 4.12.13 (Court of Appeal) | |||
114 | Nyeri HC Pet. No. 2 of 2013 | Michael Mwangi Kibicho | Nderitu James Gachagua Returning Officer, Nyeri County IEBC | Governor, Nyeri County | Justice James Wakiaga, Nyeri HC | -Petition challenging election of Governor for Nyeri County -Petition dismissed Judgment delivered on 9.9.13 -An appeal from the Judgment and Decree of the High Court of Kenya at Nyeri (Wakiaga, J.) dated 9th September, 2013 -Appeal dismissed -Judgment delivered on 4.12.13 (Court of Appeal) | |||
Member of Parliament | |||||||||
115 | Nyeri HC Pet. No. 3 of 2013 | Peter Gichuki | Mary Wambui Munene IEBC | MP, Othaya Constituency, Nyeri County. | Justice Jairus Ngaah, Nyeri HC | -Application for scrutiny, recount & exhibits. -Application partly allowed-ballot boxes seals to be admitted as exhibits. -Directions at Pre-Trial Chamber Ruling delivered on 24.5.13 Application for seeking leave to file further affidavit by a witness -Application rejected Ruling delivered on 19.6.13 -Application for rentention of affidavit. -Affidavit expunged from the records Ruling delivered on 19.6.13 -Application for production of documents -Application ffor production of documents refused Ruling delivered on 27.6.13 -Application for scrutiny & recount in all poll stations in Othaya constituency Application dismissed Ruling delivered on 6.8.13 -An appeal from the Ruling of the High Court of Kenya at Nyeri (Jairus Ngaah, J.) delivered on 6th August, 2013 -Appeal dismissed (Court of Appeal) Judgment delivered on 10.9.13 -Petition challenging election of Member of the National Assembly for Othaya Constituency. -Petition dismissed Judgment delivered on 12.9.13 -An appeal from the judgment of the High Court of Kenya at Nyeri (Ngaah, J.) dated 12th September, 2013 -Appeal allowed Judgment delivered on 13.2.14 (Court of Appeal) -Being an Appeal from the Judgement, Decree and/or Order ofthe Court of Appeal of Kenya at Nyeri, in Civil Appeal No. 31 of 2013(Alnashir Visram, M. Koome & Otieno-Odek, JJA) dated the 13th day of February 2014) -Petition of Appeal allowed Judgment delivered on 5.5.14 (Supreme Court of Kenya) | |||
116 | Nyeri HC Pet. No. 4 of 2013 | Richard Nchapi Leiyagu | IEBC Mathew Lekidime Lempurkel Returning Officer Laikipia North | MP, Laikipia North Constituency, Laikipia County. | Justice James Wakiaga, Nyeri HC | -Application for dismissing and striking out Petition for non-attendance -Application dismissed -Petition dismissed Ruling delivered on 11.6.13 -Application for reviewing Court order -Application for reinstating the petition for hearing -Application dismissed Ruling delivered on 8.7.13 -Appeal- Application seeking to set aside the order made by (Wakiaga J) dismissing the petition for non-attendance on 8.7.13 -Appeal allowed Judgment delivered on 20.8.13 (Court of Appeal) -Petition challenging election of Member of National Assembly for Laikipia North Constituency -Petition dismissed Judgment delivered on 4.10.13 -Being an appeal from the judgment & decree of the High Court of Kenya at Nyeri (Mabeya J) dated 4.10.13 -Appeal dismissed Judgment delivered on 4.4.14 (Court of Appeal) | |||
117 | Nyeri HC Pet. No. 5 of 2013 | Wilson Nginga Kimotho | Esther Murugi Mathenge IEBC Returning Officer Nyeri Town Constituency | MP, Nyeri Town Constituency, Nyeri County. | Justice Jairus Ngaah, Nyeri HC | -Application for striking out Petition -Application dismissed -Ruling delivered on 10.6.13 -Application for leave to file affidavits Ruling delivered on 14.6.13 -Application for striking out Petition drawn & filed by unqualified person. -Petition struck out -Declaration that 2nd Respondent was validly elected as the Member of National Assembly for Nyeri Town Constituency -Ruling delivered on 15.8.13 | |||
COUNTY ASSEMBLY ELECTION PETITIONS, 2013
No. | Election Pet. No. | Petitioner(s) | Respondent(s) | Electoral Area | Election Court | Court Proceedings |
BOMET | ||||||
118 | Bomet CMCC Pet. No. 1 of 2013 | Peter Kirui Langat | Robert Kipkirui Metet IEBC Anor. | County Assembly Ward Representative Silibwet Township Ward, Bomet Central Constituency, Bomet County | Hon. Virginia Karanja, Bomet | -Application for scrutiny & recount Ruling delivered on 26.6.13 - Petition challenging election of Member of the County Assembly, Silibwet Township Ward -Petition dismissed Judgment delivered on 30.8.13 |
BUNGOMA | ||||||
119 | Bungoma CMCC No. 1 of 2013 | Robert B. Wanyera | IEBC Nathan Obwana IEBC Lorna Nanjala Khaemba | County Assembly Ward Representative Lwandanyi Ward, Sirisia Constituency, Bungoma County | Hon. Rachel Ngetich, Bungoma | -Application for leave to file response out of time. -Application allowed Ruling delivered on 8.5.13 -Application for scrutiny & recount of all votes cast. -Application dismissed Ruling delivered on 15.5.13 -Application for adjournment after allocation of time. -Application allowed Ruling delivered on 23.5.13 -Petition challenging election of Member of the County Assembly for Lwandanyi Ward -Petition allowed fresh election to be held. Judgment delivered on 10.9.13 -Appeal - Application for the disqualification of a judge not to hear the appeal. Appeal dismissed. Ruling delivered on 10.12.13 (Chitembwe J) -Appeal arising from the Judgment delivered on 10.9.2013 Appeal allowed Judgment delivered on 5.3.14 |
BUSIA | ||||||
120 | Busia CMCC Pet. No. 1 of 2013 | Tadeyi Mukudi Muliro | IEBC Paul Cheruiyot Kones Fred Musirimba | County Assembly Ward Representative Bunyala North Ward, Budalangi Constituency, Busia County | Hon. Thripsisa Cherere, Busia | - Application for nullification & declaration for fresh elections. -Application dismissed Ruling delivered on 1.8.13 -Petition challenging County Representative for Bunyala North Ward. -Petition dismissed Judgment delivered on 1.8.13 |
121 | Busia CMCC Pet. No. 2 of 2013 | Emmanuel Okore Sango, Joseph Makokha Ouma | Paul Cheruiyot Kones IEBC Stephen Omenda Mukanga | County Assembly Ward Representative Bunyala South Ward, Budalangi Constituency, Busia County | Hon. Thripsisa Cherere, Busia | -Application for nullification & declaration for fresh elections. -Application dismissed Ruling delivered on 1.8.13 Petition challenging County Representative for Bunyala South Ward. -Petition dismissed Judgment delivered on 1.8.13 |
CHUKA | ||||||
122 | Chuka Magistrates Court Pet. No. 1 of 2013 | Charles Nyaga Njeru | IEBC Nevert Ntwiga | County Assembly Ward Representative Mitheru Ward, Maara Constituency, Tharaka Nithi County | Hon. Caroline Obara, Chuka | -Application for for leave to amend the petition. -Application dismissed Ruling delivered on 28.5.13 -Application for secrutiny & retallying. -Application allowed Ruling delivered on 1.7.13 -Petition challenging election of Member of the County Assembly for Mitheru Ward -Petition dismissed Judgment delivered on 31.7.13 -An appeal from Judgment and decree dated 31st July, 2013 -Appeal dismissed Judgment delivered on 21.1.14 (Makau J) |
GARISSA | ||||||
123 | Garissa CMCC No. 1 of 2013 | Mohamed Billow Mohamed | Idris Abdi Bilala Mutemi Titus (RO- Garissa County) IEBC | County Assembly Ward Representative, Balambala ward, Balambala Constituency, Garissa County | Hon. Benard Ndeda, Garissa | -Application for recount & scrutiny of votes cast Ruling delivered on 18.6.13 -Petition challenging election of County Assembly Ward Representative. -Petition allowed - election nullified,fresh elections ordered Judgment delivered on 30.8.13 |
124 | Garissa CMCC No. 2 of 2013 | Mohamed Koriyow. Hassan Mohamed Aden Dubow | IEBC The Clerk- Garissa County Mohamed Abey Mohamed Abubakar Mohamed Shide | County Assembly Speaker, Garissa County | Hon. Hannah Ndungu,Garissa | -Petition marked as settled by consent Settlement dated 23.5.13 |
125 | Garissa CMCC No. 3 of 2013 | Abdinoor Adan Abdikarim | IEBC Mohamed Muhamud Osman | County Assembly Ward Representative, Danyere ward, Balambala Constituency, Garissa County | Hon. Benard Ndeda, Garissa | -Misdescription of Electoral area -Petition to proceed under gazetted Court. -Error in gazette notice no.5382 at pg 2301 to be brought to attention of the Hon Chief Justice. Ruling delivered on 23.5.13 -Application for dismissing petition -Petition dismissed Ruling delivered on 17.7.13 -An Appeal arising out of the Judgment of Mr. Linus Kassan, Principal Magistrate in Election Petition No 3 of 2013 delivered on 16th July 2013 in the Chief Magistrate's Court at Garissa -Appeal partly allowed Judgment delivered on 27.1.14 (Nyamweya J) |
126 | Garissa CMCC No. 4 of 2013 | Aden Yusuf Bute | IEBC, R.O Garissa County Abdirahman Abdullahi Omar | County Assembly Ward Representative Saka Ward, Balambala Constituency, Garissa County | Hon. Hannah Ndungu, Garissa | -Petition challenging election of Member of the County Assemly for Saka Ward. -Petition incompetent & struck out Ruling delivered on 1.7.13 |
GARSEN | ||||||
127 | Garsen CMCC Pet. No. 1 of 2013 | Sarif Abdulkadir Abderhman | Abdullah Chikophe IEBC Manase Samuel Guyo | County Assembly Ward Representative Kipini East Ward, Garsen Constituency, Tana River County | Hon. Justus Kituku, Garsen | Petition challenging election of Member of the National Assembly for Kipini East ward -Petition dismissed Judgment delivered on 16.8.13 -Application challenging the appeal -Appeal struck out Ruling delivered on 11.2.14 (Meoli J) |
GICHUGU | ||||||
128 | Gichugu CMCC Pet. No. 1 of 2013 | Wilson Waweru Wambugu | Jamlick Kariuki Kiura, IEBC Kabengi Richard, Dennis Omare, Returning Officer, Gichugu Constituency | County Assembly Ward Representative Njukiini Ward, Gichugu Constituency, Kirinyaga County | Hon. Thomas Mwangi Muraguri, Gichugu | -Application for scrutiny & recount of all votes cast for the election of the County Assembly (Njukiini Ward). -Application partly allowed Ruling delivered on 16.8.13 - Petition challenging election of Member of the National Assembly for Njukiini Ward -Petition dismissed Judgment delivered on 20.9.13 |
HOMA BAY | ||||||
129 | Homa Bay CMCC Pet. No. 1 of 2013 | Isaiah Odak Onyango | Isaiah Agwenge Odera Returning Officer, Kasipu Constituency IEBC | County Assembly Ward Representative Kasipul West Ward, | Hon. Patricia Gichohi, Homa Bay | -Petittion challenging election of Member of the National Assembly for Kasipul West Ward -Petiion dismissed Judgment delivered on 29.8.13 |
130 | Homa Bay CMCC Pet. No. 2 of 2013 | Fredrick Otieno Nyagowa | Isaiah Oyoo Opap IEBC Returning Officer, Kasipul Constituency | County Assembly Ward Representative West Kamagak Ward, Kasipul Constituency, Homa Bay County | Hon. Samson Ongeri, Homa Bay | -Petition challenging the election of County Representative for West Kamagak Ward. -Petition dismissed Judgment delivered on 25.7.13 |
KAKAMEGA | ||||||
131 | Kakamega CMCC No. 1 of 2013 | Francis Ingosi Kaburu | IEBC Robert Lubwa Lutatwa | County Assembly Ward Representative | Hon. Susan Shitubi, Kakamega | -Application for recount & scrutiny of votes. -Application rejected Ruling delivered on 6.6.13 -Petition challenging election of Member of the National Assembly for Isukha Ward -Petition Struck out Judgment delivered on 15.8.13 |
132 | Kakamega CMCC No. 2 of 2013 | Okwemba Milsadeck Elisaphan | IEBC Returning Officer, Lugari Constituency Titus Marachi Kwoma | County Assembly Ward Representative, Chekalini Ward, Lugari Constituency, Kakamega County. | Hon. Mary Gwaro, Kakamega | -Application seeking recount & scrutiny. -Application dismissed -Petition struck out Ruling delivered on 25 .7.13 |
KAPENGURIA | ||||||
133 | Kapenguria CMCC Pet. No. 1 of 2013 | Emmanuel Katana Michael Emmanuel Chodotum Edward Lutiali | IEBC Paul Chemmuttut (Returning Officer Kapenguria Constituency) James Limanyang Kapellion | County Assembly Ward Representative, Mnagei Ward, Kapenguria Constituency, West Pokot County | Hon. Washika Wachira, Kapenguria | -Petition challenging election of Member of the National Assembly for Mnagei Ward -Petition allowed, 3rd Respondent was not validly elected Judgment delivered on 11.7.13 |
KAPSABET | ||||||
134 | Kapsabet CMCC Pet. No. 1 of 2013 | Charles Kimeli Korir | Ezekiel Juma IEBC Baruch Kichirchir Suge | County Assembly Ward Representative Kabisaga Ward, Mosop Constituency, Nandi County | Hon. Beatrice M. Mosiria, Kapsabet | -Petition challenging election of Member of County Assembly Representative for Kabisaga Ward. -Petition allowed, fresh elections ordered. Judgment delivered on 27.9.13 |
KERICHO | ||||||
135 | Kericho CMCC No. 1 of 2013 | Kipkemoi Terer | John Langat Richard Ondieki IEBC The Transitional Authority | County Assembly Speaker, Bomet County | Hon. Wilson Kaberia, Kericho | -Petition challenging election of the County Assembly Speaker for Bomet County. -Petition allowed, fresh election ordered Judgment delivered on 5.7.13 -Appeal challenging the election of County Assembly Speaker, Bomet County. -Appeal struck out Ruling delivered on 8.8.13 (Muchelule, J) |
KIGUMO | ||||||
136 | Kigumo CMCC Pet. No. 1 of 2013 | Francis Mwangi Kahoro | IEBC John Ngutai (Returning Officer Kigumo Constituency) Anderson Muchemi Waweru | County Assembly Ward Representative Kangari Ward, Kigumo Constituency, Muranga County | Hon. Desderias Orimba, Kigumo | -Application for striking out Petition. -Pleadings/Application filed by unqualified person. -Petition struck out Ruling delivered on 21.5.13 |
KILGORIS | ||||||
137 | Kilgoris CMCC Pet. No. 1 of 2013 | Kibet Ronoh Underson | Mibei Kennedy Kipsang, IEBC Sameul N. Chacha | County Assembly Ward Representative Mogondo Ward, Emurua Dikirr Constituency, Narok County | Hon. Bernard Ochieng, Kilgoris | -Petition challenging election of Member of the County Assembly for Mogondo Ward. -Petition allowed, fresh election ordered. Judgment delivered on 23.8.13. |
KIMILILI | ||||||
138 | Kimilili CMCCs Pet. No. 1 of 2013 | Wycliffe Tabani Wepukhulu | Florence Fulano Wekesa IEBC Stanley Kipkore | County Assembly Ward Representative, Maeni Ward, Kimilili Constituency, Bungoma County | Hon. Martha Anyona Nanzushi, Kimilili | -Petition challenging election of County Assembly Respresentative. -Petition dismissed Judgment delivered on 23.9.13 |
KISII | ||||||
139 | Kisii CMCC. Pet. No. 1 of 2013 | David Nyabuto Ombui | IEBC Returning officer Bomachoge Barabu Constituency George Morara Bibao | County Assembly Ward Representative, Bokimonge Ward, Bomachoge Borabu Constituency, Kisii County. | Hon. Ann C. Onginjo, Kisii | -Preliminary objection for production of ballot boxes of the 7 polling stations within Bokimonge ward in Bomachoge constituency. -Preliminary Objection dismissed Ruling delivered on 17.6.13 Application for scrutiny -Application declined Ruling delivered on 19.6.13 -Petition challenging election of Member for County Assembly Ward. -Petition dismissed Judgment delivered on 30.7.13 |
140 | Kisii CMCC. Pet. No. 2 of 2013 | Lucas Ongaki | Samuel Keny Nyangenya Ng’eny K. Robert IEBC | County Assembly Ward Representative, Bobarache Ward, Nyaribari Chache Constituency, Kisii County. | Hon. Sambu Kibet, Kisii | -Application for scrutiny & re-tallying -Application rejected Ruling delivered on 27.5.13 -Petition challenging election for Member for County Assembly Ward Representative Bobarache Ward. -Petition allowed, fresh elections ordered. Judgment delivered on 26.9.13 |
141 | Kisii CMCC. Pet. No. 3 of 2013 | Kennedy Mose Nyawaya | IEBC Mose Opiyo Kennedy Mishira Mainya | County Assembly Ward Representative, Kiamokama Ward, Nyaribari Masaba Constituency, Kisii County. | Hon. Sambu Kibet, Kisii | -Application for court to issue order directing 1st & 2nd Respondents to produce all the counter foils of all the ballot booklets. -Application suspended -Pre trial directions given Ruling delivered on 21.5.13 -Petition challenging County Assembly Ward Representative Kiamokama Ward. -Petition dismissed Judgment delivered on 16.8.13 |
KITALE | ||||||
142 | Kitale CMCC Pet. 1 of 2013 |
| Francis Obingo Were IEBC Farah Abdi Ibrahim | County Assembly Representative Tuwani Ward, Saboti Constituency, Trans Nzoia County. | Hon. Maxwel Gicheru, Kitale | -Petition challenging election of the County Assembly Representative for Tuwani Ward, Saboti Constituency. -Petition dismissed Judgment delivered on 21.8.13 |
KWALE | ||||||
143 | Kwale Magistrates Court Pet. No. 1 of 2013 | Mohamed Khamis Mwasengeza | IEBC David Maro Juma Athman Maone | County Assembly Ward Representative Kinondo Ward, Msambweni Constituency, Kwale County | Hon. Elizabeth Katiwa Usui, Kwale | -Application for scrutiny & recount of votes cast. -Application dismissed Ruling delivered on 18.6.13 -Petition challenging election of the Member of the County Assembly for Kinondo Ward, Msambweni Constituency. -Petition dismissed Judgment delivered on 30.8.13 |
MACHAKOS | ||||||
144 | Machakos CMCC Pet. No. 1 of 2013 | Jeremiah Kioko Kyalo | Peter Munywoki Nzoka IEBC Leonard Okemwa, Returning Officer | County Assembly Ward Representative, Matungulu North Ward, Matungulu Constituency, Machakos County. | Hon. Peter Gesora, Machakos | -Application for dismissing petition. -Application allowed Judgment delivered on 19.7.13 |
145 | Machakos CMCC Pet. No. 2 of 2013 | John Bosco Mbuthu Makau | Wilson Mutiso Kasimu IEBC Leonard Okemwa, The Returning Officer | County Assembly Ward Representative, Matungulu East Ward, Matungulu Constituency, Machakos County | Hon. Peter Gesora, Machakos | -Application for recount & nullification of elections for Matungulu East County Assembly. -Petition dismissed Judgment delivered on 19.7.13 |
146 | Machakos CMCC Pet. No. 3 of 2013 | Francis Mwaniki Ngunga | Oliver Nzeki Munyaka IEBC Returning Officer, Machakos | County Assembly Ward Representative, Mua Ward, Machakos Town Constituency, Machakos County. | Hon. Teresa Achieng’ Odera, Mavoko | -Petition challenging election of Member for County Assembly Ward Representative Mua Ward. -Petition allowed, fresh election to be held. Judgment delivered on 16.9.13 |
147 | Machakos CMCC Pet. No. 5 of 2013 | Franklin Musila Makola | Interim clerk of Machakos County Assembly, Felix Mbiuki, Transitional Authority, B A Mungata (County Assembly speaker), Alfred Mutua (Governor) & Machakos County Assembly | Machakos County Assembly Speaker | Justice David Majanja, Machakos High Court | -Petition challenging the election of the County Assembly Speaker. -Petition dismissed Judgment delivered on 24.6.13 |
MAKUENI | ||||||
148 | Makueni CMCC Election Pet. No. 1 of 2013 | Isaack Muya Munyoki | Mutinda Mwangangi Independent Electoral and Boundaries Commission | County Assembly Ward representative Waia/Kako Ward, Mbooni Constitutency, Makueni County. | Hon. Richard Koech, Makueni | -Petition Challenging Member of County Assembly for Waia/ Kako Ward. -Petition dismissed Judgment delivered on 29.8.13 |
MALINDI | ||||||
149 | Malindi CMCC Pet. No. 1 of 2013 | Joseph Gumbao Kiponda | IEBC Stephen Bahati Mlanda | County Assembly Ward Representative, Ganda Ward, Malindi Constituency | Hon. Yusuf Shikanda, Malindi | -Application for restraining 2nd Respondent from assuming office & undertaking any functions as the Ganda Ward County Assembly Representative, Malindi Constituency. -Appliocation dismissed Ruling delivered on 31.5.13 -Application for scrutiny & recount of all votes cast in respect of Ganda County Assembly, Malindi Constituency. -Court to determine whether to order recount & scrutiny after evidence by all parties has been heard. Ruling delivered on 10.7.13 -Application for scrutiny & recount. -Application allowed to specific polling stations. Ruling delivered on 6.8.13 -Application for reviewing court decision dated 6.8.13 Application dismissed Ruling delivered on 27.8.13 -Petition challenging election of Ganda County Assembly Representative. -Petition dismissed Judgment delivered on 13.9.13 |
150 | Malindi CMCC Pet. No. 2 of 2013 | Bakari Hassan Juma | IEBC Mwathethe Adamson Kadenge Halfani Tsuma | County Assembly Ward Representative, Shella Ward, Malindi Constituency, Kilifi County | Hon. Lutta Nathan, Malindi | Application of withdrawal. (Gazette Notice No. 6404) May 2, 2013 -Application for substitution of petitioner. -Application allowed Ruling delivered on 14.5.13 by N. Shiundu Ag SPM -Petition challenging election of Member of the County Assembly for Shella Ward -Petition dismissed Judgment delivered on 15.8.13. -Appeal challenging ruling delivered on 14.5.13 Appeal dismissed. Ruling delivered on 16.12.13 (Muriithi J) -Appeal chalenging judgment delivered on 15.8.13 -Appeal allowed, fresh election ordered. Summary Judgment delivered on 27.2.14 (Muriithi J) -Final Judgment on the Appeal -Appeal allowed Judgment issued on 17.3.14 |
MANDERA | ||||||
151 | Mandera CMCCs Pet. No. 1 of 2013 | Mohamed Ibrahim Abdullahi | Returning Officer Bulla Mpya Ward Mandera East Independent Electoral and Boundaries Commission Robow Mohamed Hassan | County Assembly Ward Representative, Bulla Mpya Ward, Mandera East Constituency, Mandera County. | Hon. Charles Mutai | Petition withdrawn. Awaiting Ruling to that effect from JWCEP* |
MARALAL | ||||||
152 | Maralal CMCCs Pet. No. 1 of 2013 | Leura Lodungokiok | Lesoipa Nakini George Govando David Njiru Njagi Peter Kiawa Musau Epur Raphael IEBC | County Assembly Ward Representative, Suguta Mar Mar Ward, Samburu West Constituency, Samburu County | Hon. Charles Ndegwa, Maralal |
-Application to file replying affividavits out of time. -Application allowed - Ruling delivered on 2.5.2013 |
153 | Maua CMCC Pet. No. 1 of 2013 | Turibu Moses Kinyua | Andrew Kobia Mohamed Abdi Sheik IEBC | County Assembly Ward Representative Muthara Ward, Tigania East Constituency, Meru County, | Hon. John Kingori, Maua | -Application for striking out petition -Application dismissed Ruling delivered on 24.5.13 -Being Appeal from the ruling of the Chief magistrates’s Court at Maua delivered on 24.5.13 -Appeal dismissed Judgment delivered on 18.10.13 by Lessit, J |
154 | Maua CMCC Pet. No. 2 of 2013 | Japhet Kirimi Kobia | Julius Kabira Ambau Barnard Musee IEBC | County Assembly Ward Representative Athiru Ruujine Ward, Igembe Constituency, Meru County. | Hon. Maundu Mutungwa, Maua | -Application for orders to release copies of form 34, provide copies of all registers & recount of all votes. -Petitioner to be provided with copies of all marked registers & recount allowed. Ruling delivered on 31.5.13 -Petition challenging the election of County Representative for Athiru Ruujine Ward. -Petition dismissed Judgment delivered on 18.9.13 |
MERU | ||||||
155 | Meru CMCC No. 1 of 2013 | John Mbaabu Murithi | Jacob Mwirigi Muthuri IEBC Lucy Mbithi The Returning Officer | County Assembly Ward Representative Kibirichia Ward, Buuri Constituency, Meru County. | Hon. Dickson Odhiambo, Meru | -Application for scrutiny & recount of all ballot papers within Kibiricha Ward. -Application allowed Ruling delivered on 4.6.13 -Application for recount & scrutiny of ballot papers. -Application allowed in one ward Ruling delivered by Hon Justice Lessit on 24.6.13 -Election Petition Appeal- Stay of proceedings Meru Chief Magistrates EP 1/13 pending hearing and determination of the appeal. -Appeal allowed Judgment delivered on 8.8.13 by Hon Justice Lessit Application for scrutiny & recount -Application allowed for polling station. Ruling delivered on 4.9.13 - Petition challenging election of Representative to the County Assembly in Kibirichia Ward -Petition dismissed Judgment delivered on 24.9.13 |
156 | Meru CMCC No. 2 of 2013 | Salesio Mugambi M. | William Kirimi Magiri IEBC Kenneth Onditi | County Assembly Ward Representative Abogeta West Ward, South Imenti Constituency, Meru County. | Hon. Rosemary Kimingi, Meru |
-Petition challenging the election of Abogeta West County Assembly. -Petition dismissed Judgment delivered on 20.8.13 |
157 | Meru CMCC No. 3 of 2013 | M’anyiri Hannington Gitaari | Alphaxard Kaumbuthu Chabari IEBC Kenneth Onditi, The Returning Officer | County Assembly Ward Representative, Igoji West Ward, South Imenti Constituency, Meru County. | Hon. Dickson Odhiambo, Meru |
-Petition challenging the election or declaration and return of the 1st Respondent by the 2nd and 3rd Respondents as the winner of the election for the position of County Assembly for Igoji West County Ward -Petition allowed Judgment delivered on 4.9.13 |
MIGORI | ||||||
158 | Migori CMCC Pet. No. 1 of 2013 | Michael Odoyo Nyakwaka | Boaz Owiti Okoth The Returning Officer for Nyatike Constituency IEBC | County Assembly Ward Representative North Kadem Ward, Nyatike Constituency, Migori County | Hon. David Kemei, Migori |
-Pre Trial chamber conference. Ruling delivered on 10.6.13 -Application by Petitioner seeking leave to withdraw the petition. -Application allowed, petition marked as withdrawn. Ruling delivered on 7.8.13 -Presentation of costs for assessment following the withdrawal of the petition. Ruling delivered on 28.8.2013 |
159 | Migori CMCC Pet. No. 2 of 2013 | Tobias Werema Range | Nyamohanga Charles Nyangi The returning officer for Kuria West Constituencey IEBC | County Assembly Ward Representative Isibania Ward, Kuria West Constituency, Migori County | Hon. Edwin Nyaga Muriuki, Migori | Withdrawn awaiting ruling from JWCEP to that effect* |
MOMBASA | ||||||
160 | Mombasa CMCC. Pet. No. 1 of 2013 | Mwanahamisi Omar Komora | IEBC | County Assembly Ward Representative, Kadzandani Ward, Nyali Constituency, Mombasa County | Hon. Stephen Riechi, Mombasa | -Application for dismissal of a petition. -Application allowed Ruling delivered on 10.7.13 |
161 | Mombasa CMCC Pet. No. 2 of 2013 | Mwangi Kimwele, Juma Athuman Lubambo, Said Mangale Kombo Kalimbo Charles Mwadime Kiridia Humphrey Kalama Fondoson | Kibwana Saleh Baya IEBC Neema Karisa | County Assembly Ward Representative, Miritini Ward, Jomvu Constituency, Mombasa County | Hon. Joyce Gadani, Mombasa | -Application for dismissing 3rd Petitioner Petition. -Application allowed 3rd petitioner petition dismissed. Ruling delivered on 29.7.13 |
162 | Mombasa CMCC. Pet. No. 3 of 2013 | Salim Ali Sheikh | IEBC Frankline Mwalenga Patrick Peter Muriuki Siminyu | County Assembly Ward Representative, Tudor Ward, Mvita Constituency, Mombasa County | Hon. Samuel Gacheru, Mombasa | -Petition challenging election of County Assembly Representative, Tudor Ward. -Petition dismissed Judgment delivered on 25.9.13 |
MUTOMO | ||||||
163 | Mutomo Magistrates Court Pet. No. 1 of 2013 | Geoffrey Muli Mwalimu | Hussein Mwandia Returning Officer Kitui Constituency IEBC | County Assembly Ward Representative, Ikutha Ward, Kitui South Constituency, Kitui County | Hon. Samuel Mutai, Mutomo | -Application for striking out petition having been filed by an incompetent & unqualified person. -Petition struck out Ruling delivered on 20.9.13 |
NAIVASHA | ||||||
164 | Naivasha CMCC Pet. No. 1 of 2013 | Bernard Muthomi Njoroge | Eunice Wambui Muriithi, IEBC Mildred Wachie | County Assembly Ward Representative Viwandani Ward, Naivasha Constituency, Nakuru County | Hon. Stephen Githinji, Naivasha | -Petition challenging election of Member of the County assembly for Viwandani Ward. -Petition dismissed Judgment delivered on 14.8.13 |
NAIROBI | ||||||
165 | Nairobi CMMC Pet. No. 1 of 2013 | William Kinyanyi Onyango | IEBC Robert Mbatia Returning Officer (Kariobangi South) Robert Mbatia | County Assembly Ward Representative, Uhuru Ward, Embakasi Constituency, Nairobi County | Hon. Timothy Okello, Makadara | -Application for recounting & scrutiny of the registers & votes cast -Application seeking to struck/dismiss the petition -Petition struck out Ruling delivered on 31.5.13 -Appeal- challenging ruling & order of Timothy .O. Okello SPM made on 31.5.13. -Appeal allowed, Petition reinstated for hearing. Judgment delivered on 27.9.13 by G.K Kimondo J |
166 | Nairobi CMMC Pet. No. 2 of 2013 | Joel Nyabuto Omwenga | IEBC Daniel Mbugua Mari | County Assembly Ward Representative, Ruai Ward, Kasarani Constituency, Nairobi County | Hon. Hon. Anthony Mwicigi, Milimani Law Court | -Determination whether the Respondents have first right of audience during oral submissions. Court:- Petitioners reserve the right to make their final submissions first, then Respondents will therefore respond to their submission. Ruling delivered on 5.7.13 -Petition challenging the election of 2nd Respondent as the winner of the County Assembly Representative for Ruai Ward, Kasarani Constituency -Petition dismissed Judgment delivered on 21.8.13 -Appeal against the ruling delivered on 21.8.13. -Application not merited -Application dismissed Ruling delivered on 11.2.2014 (Justice J Kamau) |
167 | Nairobi CMMC Pet. No. 3 of 2013 | Abraham Mwangi Njihia | IEBC, David Njoroge Kairu Jane Wasilwa Returning Officer (Kibra) | County Assembly Ward Representative, Woodley/Golf Course Ward, Kibra Constituency, Nairobi County | Hon. Judith Wanjala, Kibera, Nairobi | -Appeal- Application seeking to set aside the decision of the subordinate court striking out petition for being drawn & filed by an unqualified person. -Appeal dismissed Judgment delivered on 13.8.13 (Majanja J) NOT RECEIVED LOWER COURT RULING DELIVERED ON 13.6.13* |
168 | Nairobi CMMC Pet. No. 4 of 2013 | Samuel Kago Mungai Kimari Anor | Milliam Wanjiru, IEBC Daniel Kithama Mutwo | County Assembly Ward Representative, Ngei Ward, Mathare Constituency, Nairobi County | Hon. Rosslyn Oganyo, Milimani Commercial | -Application to grant leave to the Applicant top file an appeal & temporary stay of execution of the ruling & orders made on 17.5.13 -Application for leave granted but prayer for stay of execution declined. Ruling delivered on 30.5.13 -Petition challenging election of Member of the County Assembly Ngei Ward. -Petition dismissed Judgment delivered on 30.8.13 |
169 | Nairobi CMMC Pet. No. 6 of 2013 | Daniel Munyao Nzwili | IEBC Daniel Mbugua Mari | County Assembly Ward Representative, Ruai Ward, Kasarani Constituency, Nairobi County | Hon. Anthony Mwicigi, Milimani Law Court | -Determination whether the Respondents have first right of audience during oral submissions. Court:- Petitioners reserve the right to make their final submissions first, then Respondents will therefore respond to their submission. Ruling delivered on 5.7.13 -Petition challenging the election of 2nd Respondent as the winner of the County Assembly Representative for Ruai Ward, Kasarani Constituency -Petition dismissed Judgment delivered on 21.8.13 |
170 | Nairobi CMMC Pet. No. 7 of 2013 | Esther Waithera Chege | Manoah Karege Mbuku IEBC Peter K. Muigai | County Assembly Ward Representative, Nairobi South Ward, Starehe Constituency, Nairobi County | Hon. Francis Andayi, , Milimani Commercial | Petition challenging election of Member of County Assembly Nairobi South Ward. -Petition dismissed Judgment delivered on 2.8.13 -Being an appeal from the Judgment and Decree of the Hon. Mr. Andayi W. F., Senior Principal Magistrate, delivered on 2nd day of August, 2013 in Election Petition No. EP7 of 2013 at Nairobi Chief Magistrate's Court, Milimani Commercial Courts -Appeal dismissed Judgment delivered on 13.314 (Kimaru J) |
171 | Nairobi CMMC Pet. No. 8 of 2013 | Duncan Chege Gathogo | Alfred Ambani Muhindi Sylvia Maritim IEBC | County Assembly Ward Representative, Lower Savannah Ward, Embakasi Constituency, Nairobi County | Hon. Maryanne Murage, , Milimani Commercial | -Petition challenging election of County Representative Lower Savannah Ward. -Petition dismissed Judgment delivered on 17.9.13 |
172 | Nairobi CMMC Pet. No. 9 of 2013 | Oscar Mafunga Igaida | IEBC Returning Officer Langata Maurice Gari Otieno | County Assembly Ward Representative, Nairobi West Ward, Langata Constituency, Nairobi County. | Hon. Charles Obulutsa, Milimani Commercial | -Petition challenging election of Member of the County Assembly for Nairobi West Ward. -Petition dismissed Judgment delivered on 10.9.13 |
173 | Nairobi CMMC Pet. No. 10 of 2013 | Charles Kanja Muragu | IEBC Returning Officer Langata, David Njilia Mberia | County Assembly Ward Representative, Karen Ward, Langata Constituency, Nairobi County | Hon. Daniel Ole Keiwua, Milimani Commercial |
-Withdrawn awaiting ruling on that effect* |
NAKURU | ||||||
174 | Nakuru CMCC Pet. No. 1 of 2013 | Leornard Kipngeno Korir | Irene Jerop Cheboi, IEBC Fidelis Kitili Kivaya | County Assembly Ward Representative Mauche Ward, Njoro Constituency, Nakuru County | Hon. Samuel Mungai, Nakuru |
Ruling on costs prompted by the withdrawal of the petition by consent of all the parties. Ruling delivered on 30.8.13 |
NANYUKI | ||||||
175 | Nanyuki CMCC Pet. No. 1 of 2013 | Ephantus Kariithi Mwangi | IEBC Paul Kurenyi Leshuel | County Assembly Ward Representative, Mugogodo East Ward, Laikipia North Constituency, Laikipia County | Hon. Vincent Kiptoon, Nanyuki | - Petition challenging the election of Member of the County Assembly Ward for Mugogodo Esat Ward, Laikipia North Constituency. -Petition allowed, fresh election shall be conducted. Judgment delivered on 5.9.13 |
NAROK | ||||||
176 | Narok Principal CMCC Pet. No. 1 of 2013 | Lembeshua Reuben Moriaso Ole | Kool Julius Ole Issac Kuntai Kool Mohamed Raka IEBC | County Assembly Ward Representative, Olokurto Ward, North Narok North Constituency, Narok County | Hon. Allan Temba, Narok | -Application striking out responses to Petition and amended Petition. -Application allowed. -Election of of the 2nd Respondent upheld Ruling delivered on 6.9.13 |
177 | Narok Principal CMCC Pet. No. 2 of 2013 | Lemmy Samatei Ole Kamuye | Born Bob Maren Malonza M. Mule IEBC | County Assembly Ward Representative Ololung’a Ward, Narok South Constituency, Kisii County | Hon. Allan Temba, Narok | -Application for striking out petition -Petition struck out Ruling delivered on 24.6.13 |
NYAMIRA | ||||||
178 | Nyamira Magistrates Court Pet. No. 1 of 2013 | Benter Nyaboke Nyandiba | Fred Nyachae Omayio The Returning Officer North Mugirango Constituency IEBC | County Assembly Ward Representative, Magwagwa Ward, North Mugirango Constituency, Nyamira County | Hon. Nicholas Njagi, Nyamira | -Declaring 1st Respondent as validly elected after recount. Ruling delivered on 1.8.13 |
179 | Nyamira Magistrates Courts Election Pet. No. 2 of 2013 | Justus Nyaribo | Clerk to the Nyamira County Assembly | County Assembly Speaker, Nyamira County. | Hon. Norbert Okumu | -Application for contempt of court order which was duly served upon the Respondent. -Application dismissed Ruling delivered on 2.7.13 -Application for objection to the petition being frivolous, vexatious, utterly misconceived, overtaken by events, lacks merits & evidence. Petition dismissed Ruling delivered on 13.8.13 |
180 | Nyamira Magistrates Court Pet. No. 3 of 2013 | Isaac Oerri Abiri | Samuel Nyangau Nyanchama Justus Naliakho (Returning Officer North Mugirango Constituency) IEBC | County Assembly Ward Representative, Itibo Ward, North Mugirango Constituency, Nyamira County | Hon. Nicholas Njagi, Nyamira |
-Application for an order of recount and or scrutiny of all votes cast in respect of Itibo Ward. -Application dismissed Ruling delivered on 23.8.13 -Petition Challenging election of County Assembly Ward Representative Itibo Ward. -Petition dismissed Judgment delivered on 6.9.13 -Being an appeal against the judgment and decree delivered on 6th September 2013 in Nyamira Chief Magistrate’s court Election Petition No.3 of 2013 by Hon. N. Njagi, Principal Magistrate) -Appeal dismissed Judgment delivered on 13.3.14 (Sitati J) |
181 | Nyamira Magistrates Court Pet. No. 4 of 2013 | Nelson Bikundo Apima | Robert Apiemi Ongwano IEBC Returning Officer West Mugirango Constituency | County Assembly Ward Representative, Towship Ward, West Mugirango Constituency, Nyamira County | Hon. Norbert Okumu, Nyamira | -Application for striking out petition Application allowed Ruling delivered on 14.6.13 |
OGEMBO | ||||||
182 | Ogembo CMCC Pet. No. 1 of 2013 | Cyrus Bosire Ogega Ibrahim Onami Ombuya Stanely Oirere Oyunga Elijah Moganchi Mbweke | Timothy Mokua Nyarango Returning Officer Bomachoge Chache Constituency IEBC | County Assembly Ward Representative Bosoti/Sengera Ward, Bomachoge Constituency, Kisii County | Hon. Daniel Ogola Ogembo, Ogembo Court | -Petition challenging election of County Assembly Ward Representative. -Petition dismissed Judgment delivered on 6.9.13 |
183 | Ogembo CMCC Pet. No. 2 of 2013 | Japheth Omari Ombeo | Robert Nyamache Siocha Returning officer for Bobasi Constituency IEBC | County Assembly Ward Representative Bobasi Chache Ward, Bobasi Constituency, Kisii County | Hon. Daniel Ogola Ogembo, Ogembo Court | -Application for striking out petition -Petition struck out Ruling delivered on 8.7.13 |
WAJIR | ||||||
184 | Wajir CMCCs Pet. No. 1 of 2013 | Mohamed Dagane Osman | IEBC Abdi Osman Hassan | County Assembly Ward Representative, Township Ward, Wajir East Constituency, Wajir County | Hon. Linus Kassan, Wajir |
-Application to withdraw petition -Application allowed Order delivered on 26.8.13 |
185 | Wajir CMCCs Pet. No. 2 of 2013 | Musa Ibrahim Dimbil | IEBC Abdullahi Ali Abdi | County Assembly Ward Representative, Wargadud Ward, Tarbaj Constituency, Wajir County | Hon. Linus Kassan, Wajir |
-Application to withdraw petition -Application allowed Order delivered on 26.8.13 |
WEBUYE | ||||||
186 | Webuye CMCC Pet. No. 1 of 2013 | Eric Soita Patroba | Martin Wafula Wawire IEBC Odul B. Argwings | County Assembly Ward Representative, Sitikho Ward, North Webuye Constituency, Bungoma County | Hon. Stella Abuya, Webuye | -Application for expunging responses from the court records -Responses expunged with costs -Leave to file further affidavits granted. Ruling delivered on 24.5.13 -Application for scrutiny & recount Ruling delivered on 24.5.13 -Directions for scrutiny & recount of votes by the court Ruling delivered on 24.5.13 -Application for production of certified copies of principal registers of voters of Sitikho ward used. -IEBC to supply Petitioner with certified copies of marked registers Ruling delivered on 24.5.13 - Petition challenging County Assembly election for Sitikho Ward -Petition dismissed Judgment delivered on 26.9.13 |
VIHIGA | ||||||
187 | Vihiga CMCC Pet. No. 1 of 2013 | Irene Mwihaki Asikoye | IEBC Patrick Gatuma Josphat Munayi Omache | County Assembly Ward Representative, West Bunyore Ward, Emuhaya Constituency, Vihiga County | Hon. Grace Mmasi, Vihiga | -Petition challenging election of County Assembly Ward Representative for West Bunyore Ward. -Petition dismissed Judgment delivered on 16.8.13 |
COUNTY ASSEMBLY RETRIAL AND PARTY LIST PETITIONS AND NEW PETITION FILED IN JANUARY 2014 FOLLOWING THE BY-ELECTIONS HELD ON DECEMBER 2013
No | Election Petition No. | Petitioner(s) | Respondents | Electoral Area | Election Court | Court Proceedings | |
COUNTY ASSEMBLY RETRIAL | |||||||
| | Retrial following Nbi HC EP Appeal 2 of 2013 Formerly Nairobi Makadara CM Petition 1 of 2013 | William Kinyanyi Onyango | IEBC The Returning Officer Kariobangi South Uhuru Ward Robert Mbatia | County Assembly Ward Representative, Uhuru Ward, Embakasi Constituency, Nairobi County | Hon. Letizia Wachira | -Petition challenging the election of the 3rd respondent as the County representative for Kariobangi South (1429), Uhuru Ward. -Petition dismissed Judgment delivered on 21.3.14 (L.M Wachira (Mrs), Deputy Registrar) -An appeal from the judgment and decree of the Resident Magistrate’s Court at Nairobi, Milimani by Hon. L. M. Wachira, PM dated 21st March 2014 & 4th December 2013) -Election Appeal 3 of 2014 dismissed -Election Appeal 4 of 2014 struck out Judgment delivered on 13.8.14 (Majanja J) | |
PARTY LIST PETITIONS | |||||||
No | Election Petition No. | Petitioner(s) | Respondents | Electoral Area | Election Court | Court Proceedings | |
| | Nairobi CMCC Petition No. 11 of 2013 | National Vision Party Sarah Mohamed Ali endorsed | IEBC Nestehe Bare Elmi | County Assembly Ward Representative, Mandera County | Hon. Eunice Nyutu | -Petition challenging the nomination of the 2nd Respondent to Mandera County Assembly special seats. -Petition allowed Judgement delivered on 5th February 2014. -Being an Appeal from the Judgement of the Chief Magistrate’s Court, Makadara delivered on 5th February, 2014 in Milimani Chief Magistrate’s Court Election Petition Number 11 of 2013, Hon. E K Nyutu, Ag. PM) -Appeal dismissed Judgment delivered on 11.8.14 (Odunga J) | |
Nairobi CMCC EP No. 12 of 2013 | Narc Kenya & Muhobo Omar Ahmed | IEBC & Fatuma Mohamed.
| County Assembly Ward Representative, Garissa County | Hon. Clarence Otieno | -Petition challenging the nomination of a person to the County Assembly of Garissa by NARC Kenya Party. -Petition dismissed, 2nd respondent was validly nominated by Narc Kenya Party. Judgment delivered on 13.2.14. -An appeal to set aside judgment delivered on 13.2.14 by Hon Clarence Otieno. -Appeal allowed
Judgment delivered on 1.8.14 (Ogola, J) | ||
| | Nairobi CMCC EP No. 13 of 2013
| Dubat Ali Amey | IEBC, Isaak Hassan, Gedi Adow Abdi, The Hon. Attorney General & Orange Democratic Movement. | County Assembly Ward Representative, Garissa County | Hon. Clarence Otieno | -Petition challenging the nomination of a person to the County Assembly of Garissa by Orange Democratic Party. Petition dismissed, 3rd respondent was duly and validly nominated as the member of the County Assembly of Garissa by Orange Democratic Party. Judgment delivered on 3.2.14 | |
| | Eldoret Election Petition No. 1 0f 2013 | Christine Tallam | Jennifer Nariamut Koipir United Republican Party IEBC | Baringo County Assembly Ward Representative | Hon. Dolphina Kayila Alego | Judgment delivered on 14th February 2014. Petition dismissed. -An appeal from judgment of Hon Dolphina Kayila Alego delivered on 14.2.12. -Appeal dismissed Judgment delivered on 25.7.14 (Ochieng, J) | |
| | Kapsabet Election Petition 2 of 2013 | Kennedy Kemboi Lei | Singoei Pauline, Sally Lelei, Milka Cheroben Chumba, IEBC, & the Hon. Attorney-General | Nandi County Assembly Ward Representative | Hon. Beatrice Mosiria | Petition dismissed on 9th October 2013 for want of service and for want of deposit of security for costs. | |
| | Nanyuki CMCC Petition No.2 of 2013 | Alice Wahito Mwangi Ndegwa | Jenniffer Koinante Kitarpei, IEBC The National Alliance Party | County Assembly Representative, Laikipia County
| Hon. Vincent Kiptoon | Judgment on 4th December 2013. The election of the 1st respondent nullified and the petitioner declared duly elected. 2nd Respondent ordered to publish gazette notice declaring the petitioner as duly elected member of the county assembly, Laikipia County. -Appeal arising from the judgment of Hon. V. Kiptoon Senior Resident Magistrate, in Nanyuki Election Petition No. 2 of 2013 - Respondent duly nominated and therefore discharge the order of stay granted. Ruling delivered on 9.5.14 (Wakiaga J) | |
PETITION FILED FOLLOWING THE BY-ELECTIONS HELD ON DECEMBER 2013 | |||||||
No | Election Petition No. | Petitioner(s) | Respondents | Electoral Area | Election Court | Court Proceedings | |
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Machakos CMCC EP No. 1 of 2014 |
Patrick Mutuku Paul | Oliver Nzeki Munyaka Returning Officer Machakos Town Constituency IEBC | County Assembly Ward Representative, Mua ward, Machakos County
| Hon. Lester Simiyu | Petition struck out on 6th May 2014 for being filed out of time.
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