Jane Nyaboke Matoke v Orange Democratic Movement, Independent Electoral and Boundaries Commission (I.E.B.C), Agnes Zani, Anita Ketora, Anita Ketora, Beth Syengo, Emily Oduor Ongwen & Judith Pareno [2018] KEHC 3111 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ELECTION PETITION NO. 24 OF 2017

IN THE MATTER OF THE CHALLENGE OF THE VALIDITY OF THE NOMINATION OF SENATE MEMBERS BY ORANGE DEMOCRATIC MOVEMENT

AND

IN THE MATTER OF ARTICLE 1(1), (2), 2(2), 3(1), 4(2), 10, 21(1), 23, 38 (1) (B), (3) (C), 47(2)

90(1) (2) (3) AND 98 (1) (B) OF THE CONSTITUTION OF KENYA

AND

IN THE MATTER OF SECTIONS 13, 34 – 37 & 80 OF THE ELECTIONS ACT, 2011

AND

IN THE MATTER OF REGULATIONS 54, 55 AND 56 OF THE ELECTIONS, 2012, REGULATIONS 20 AND 21 OF THE ELECTIONS (PARTY PRIMARY AND PARTY LIST REGULATIONS

AND

IN THE MATTER OF POLITICAL PARTIES ACT NO. 11 OF 2011

AND

IN THE MATTER OF A PETITION BY

JANE NYABOKE MATOKE................................................................PETITIONER

VERSUS

ORANGE DEMOCRATIC MOVEMENT..................................1ST RESPONDENT

THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION (I.E.B.C).................................2ND RESPONDENT

AGNES ZANI, ANITA KETORA..............................................3RD RESPONDENT

ANITA KETORA.........................................................................4TH RESPONDENT

BETH SYENGO...........................................................................5TH RESPONDENT

EMILY ODUOR ONGWEN.......................................................6TH RESPONDENT

JUDITH PARENO.......................................................................7TH RESPONDENT

IN COURT ON 23RD OCTOBER, 2017

BEFORE THE HON. LADY JUSTICE S. N. MUTUKU

ORDER

THIS MATTER coming up for Mention on 23rd October, 2017 before the Hon. Lady Justice S. N. Mutuku IN THE ABSENCE OFCounsel for the Petitioner and Counsel for the 1st to 7th Respondents AND WHEREASthe matter was coming up with a view of withdrawing;

IT IS HEREBY ORDERED:

1. THAT there is no payment of security for costs and the petition has not been served.

2. THAT given this circumstances I hereby dismiss the Petition dated 8th September 2017 and filed on the same date.

GIVEN under my Hand and the Seal of this Honourable Court this 23rdday of October,2017.

ISSUED atNairobithis 12thday ofOctober 2018.

DEPUTY REGISTRAR

HIGH COURT OF KENYA, NAIROBI