Philip Kyalo Kituti Kaloki v Independent Electoral and Boundaries Commission Respondent, Returning Officer, Kibwezi East Constituency & Jessica Nduku Kiko Mbalu [2017] KEHC 2445 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

ELECTION PETITION NO. 1 OF 2017

IN THE MATTER OF ARTICLES 35, 38, 48, 81, 86 AND 88 OF THE CONSTITUTION OF KENYA

AND

IN THE MATTER OF THE ELECTIONS ACT NO. 24 OF 2011 LAWS OF   KENYA, THE ELECTIONS (GENERAL) REGULATIONS, 2012, THE ELECTIONS (TECHNOLOGY) REGULATIONS, 2017 AND THE ELECTIONS (PARLIAMENTARY

AND

IN THE MATTER OF THE ELECTION OFFENCES ACT NO. 37 OF 2016

AND

IN THE MATTER OF THE ACCESS TO INFORMATION ACT NO. 31 OF 2016

AND

IN THE MATTER OF THE ELECTORAL AND BOUNDARIES COMMISSION ACT NO.9 OF 2011

AND

IN THE MATTER OF THE MEMBER OF NATIONAL ASSEMBLY ELECTIONS FOR KIBWEZI EAST CONSTITUENCY HELD ON 8TH AUGUST 2017

BETWEEN

PHILIP KYALO KITUTI KALOKI......................PETITIONER/APPLICANT

-VERSUS-

THE INDEPENDENT ELECTORAL AND

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

THE RETURNING OFFICER,

KIBWEZI EAST CONSTITUENCY.................................2ND RESPONDENT

JESSICA NDUKU KIKO MBALU....................................3RD RESPONDENT

Pursuant to the agreement of all the parties on the issue of the ruling/order made on 10/11/2017, the court makes the following orders:-

O R D E R

1. Order (b) (c) (d) and (e) will be amended and/ or corrected to include Petitioner as the party to be supplied and/ or access the information sought thereof.

2. Prayer (d) will also be corrected to read copies of polling day diaries.

3. The implementation of order (h) time/period is corrected to read 21 days.

Orders accordingly.

SIGNED, DATED AND ISSUED THIS 10TH  DAY OF NOVEMBER 2017.

C.  KARIUKI

JUDGE

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