DOBSON CHIRO MWAHUNGA v INDEPENDECE ELECTORAL & BOUNDARIES COMMISSION& Another [2013] KEHC 4139 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MALINDI

ELECTION PETITION NO. 2 OF 2013

DOBSON CHIRO MWAHUNGA …........................................PETITIONER

VERSUS

INDEPENDECE ELECTORAL &

BOUNDARIES COMMISSION....................................1ST RESPONDENT

THE RETURNING OFFICER, KILIFI COUNTY …............2ND RESPONDENT

RULING

I have considered the seven-pronged Notice of Preliminary Objection raised by the 1st and 2nd Respondents, and the submissions thereto by the parties. In my considered view the preliminary objection merges both points of law and fact and is therefore not a pure point of law capable of disposing of the matter completely. In the circumstances, I would direct that the chamber summons filed on 20th March, 2013 proceeds to interpartes hearing whereupon the parties will be at liberty to revisit issues raised in the preliminary objection.

However, as counsel for the 1st & 2nd Respondent has intimated that his clients are willing to furnish to the applicant the documents mentioned in prayer 2b, namely forms 35 and 36 provided the applicants meet the cost, the applicant is at liberty to avail himself of the same subject to making the requisite costs.

Costs will abide the outcome of the chamber summons now set down for hearing on 16th April, 2013.

Delivered and signed at Malindi this 4th day of April, 2011 in the presence of Mr. Angima holding brief for Mr. Khagram for Petitioner, Mr. Katsoleh holding brief for Mr. Gicharu for petitioner.

C. W. MEOLI

JUDGE