David Wamatsi Omusotsi v Returning Officer Mumias East Constituency, Independent Electoral and Boundaries Commission & Benjamin Washiali Jomo [2017] KEHC 2710 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

ELECTION PETITION NO.9 OF 2017

DAVID WAMATSI OMUSOTSI......................................................PETITIONER

VERSUS

THE RETURNING OFFICER MUMIAS

EAST CONSTITUENCY.......................................................1ST RESPONDENT

INDEPENDENT ELECTORAL

AND BOUNDARIES COMMISSION..................................2ND RESPONDENT

BENJAMIN WASHIALI JOMO..........................................3RD RESPONDENT

RULING

1. The petitioner has filed a notice of motion dated the 2nd October, 2017 seeking for orders that:

1. The 1st and 2nd respondent’s response, replyingaffidavit sworn on 25th September, and accompanying affidavits sworn on the same date thereof be struck out.

2. The honourable court be pleased to admit the petitioner/applicant’s further affidavits already filed as duly filed with leave.

3. The 3rd respondent, his agents, servants, employees and/or relatives be restrained from interfering with, approaching and/or intimidating witnesses to prevent them from appearing to testify and/or recant their evidence.

4. The 1st and 2nd respondents be directed to supply and/or provide the petitioner/applicant with all forms 35As, list of all presiding and deputy officers and stations of work and poll station diaries for all polling stations.

5. The costs be in the cause.

The application was opposed by the three respondents.

2. In view of my ruling dated the 2nd November, 2017 striking out this petition in its entirety, it follows that there is no petition now pending before the court.  The application dated the 2nd October, 2017 should consequently be dismissed.  The notice of motion is thereby dismissed with costs to the respondents.

Delivered, dated and signed at Kakamega this 2nd day of November, 2017.

JESSE NJAGI

JUDGE

In the presence of:

S.M. Munoko  - for petitioner

Were holding brief Masika -   for 1st and 2nd respondents

Nyamu  -  for 3rd respondent

George  -  court assistant

Petitioner – present

3rd respondent – present

1st respondent – absent

30 days right of appeal