Philip Kyalo Kituti Kaloki v Independent Electoral and Boundaries Commission Respondent, Returning Officer, Kibwezi East Constituency & Jessica Nduku Kiko Mbalu [2017] KEHC 2450 (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

JESSICANDUKU KIKO MBALU……….….....….3RD RESPONDENT

DRAFT ISSUES

The following are proposed issues for determination by the court:

1. Whether or not the election of the member of the national assembly Kibwezi East constituency as conducted by the 1st and   2nd Respondents herein was substantially in accordance with the Constitution and all the relevant laws including the Elections Act and the Elections (General) Regulations, 2012.

2. Whether or not the election of the member of the national assembly Kibwezi East constituency as conducted by the 1st and 2nd Respondents had such illegalities and irregularities that it would render the said election null and void.

3. Whether or not the 1st, 2nd and 3rd Respondents committed electoral malpractices and offences before and during voting, tallying and announcement of results in the elections of the member of the national assembly Kibwezi East constituency as would substantially alter or interfere with the results of the said election.

4. Whether or not the tally of the votes in the election of the member of the national assembly Kibwezi East constituency was manipulated or consisted of such malpractices and irregularities as would substantially affect the integrity of the said results.

5. Whether a sufficient legal basis for an order of scrutiny and/or recount of the votes has been made and demonstrated by the Petitioner in the election of the member of the national assembly Kibwezi East constituency.

6. What are the orders that the Court can make in respect to the Petition herein including an order for costs.

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

C.  KARIUKI

JUDGE

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