Court of Appeal · Not stated in the judgment (Chamber Summons application dated 5th February 2024) 5 July 2024 CompareKenya's Court of Appeal ruled that a single judge cannot set aside a Taxing Master's costs decision—such challenges must go before a full be
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Court of Appeal · Election Petition Appeal No. E002 of 2023 22 March 2024 CompareKenya's Court of Appeal confirmed it cannot hear second appeals in County Assembly election petition s, striking out an appeal over Kwale MCA
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Court of Appeal · Application dated 20th September 2023 8 March 2024 CompareKenya's Court of Appeal confirmed it cannot hear second appeals in County Assembly election disputes, so a nominated MCA's injunction applic
electoral law jurisdiction stare decisis statutory interpretation striking out
Court of Appeal · Application dated 7th February, 2024 (Election Appeal, Kisumu) 29 February 2024 CompareKenya's Court of Appeal refused to extend a 61-day delay in filing an MCA election appeal, confirming there is no second appeal from the Hig
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Court of Appeal · Court of Appeal Appeal from Election Petition Appeal Nos. E006 & E007 of 2023 (High Court, Garissa) 10 November 2023 CompareKenya's Court of Appeal confirmed it cannot hear second appeals in MCA election disputes—county assembly election cases end at the High Cour
electoral law jurisdiction stare decisis statutory interpretation preliminary objection
Court of Appeal · Election Petition Appeal (as raised on preliminary objection) from Garissa Election Petition (Appeal) No E005 of 2023 (consolidated with E002 and E004 of 2023) 10 November 2023 CompareThe Court of Appeal confirmed there is no second appeal in Kenyan county assembly election disputes, so UDM's appeal was struck out and a no
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Court of Appeal · Election Petition Appeal (not expressly numbered in judgment; appeal from Nyamira High Court consolidated Election Petition Appeals Nos. E001 of 2022, E001 of 2023 and E003 of 2023) 24 October 2023 CompareKenya's Court of Appeal confirmed it cannot hear second appeals in County Assembly election petition cases, striking out an appellant's noti
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Court of Appeal · Election Petition Appeal from Kisii High Court Election Petition No E002 of 2023 24 October 2023 CompareKenya's Court of Appeal confirmed it has no power to hear second appeals over County Assembly election petition s, striking out the appeal an
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Court of Appeal · Malindi Election Petition Appeal (application dated 5th April 2023) 28 July 2023 CompareKenya's Court of Appeal allowed a Magarini Constituency election appeal to proceed, ruling the notice of appeal was filed in time and minor
electoral law civil procedure jurisdiction extension of time striking out
Court of Appeal · Election Petition Appeal No. E006 of 2023 (Lead File) 28 July 2023 CompareThe Court of Appeal upheld the Starehe MP's 2022 election, ruling that minor, explainable irregularities cannot cancel an election result.
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Court of Appeal · Court of Appeal Election Petition Appeal (from Malindi Election Petition No E001 of 2022) 28 July 2023 CompareKenya's Court of Appeal confirmed the nullification of the Magarini Constituency 2022 election, ruling that unlawfully reopened ballot boxes
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Court of Appeal · Election Petition Appeal (Eldas Constituency), memorandum of appeal dated 3 April 2023 28 July 2023 CompareKenya's Court of Appeal struck out an election appeal for missing deadlines and filing in the wrong registry — strict rules will not be excu
election petition jurisdiction extension of time electoral law civil procedure
Court of Appeal · Court of Appeal Election Petition Appeal (not expressly numbered in the judgment; arising from Wajir High Court Election Petition E012 of 2022) 24 July 2023 CompareThe Court of Appeal struck out a Wajir governor's election appeal because the notice of appeal failed to follow mandatory rules, ending the
election petition jurisdiction electoral law preliminary objection statutory interpretation
Court of Appeal · Court of Appeal Election Appeal (Tana River County Governor Election), Notice of Appeal filed 28th March 2023 7 July 2023 CompareThe Court of Appeal struck out an election appeal filed late without prior permission, ending the challenge to Tana River's governor electio
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Court of Appeal · Election Petition No E014 of 2023 5 July 2023 CompareKenya's Court of Appeal ruled that appeals from the High Court at Nyamira must be heard at the Kisumu registry, not Nairobi, and redirected
civil procedure jurisdiction consolidation
Court of Appeal · Nairobi Election Petition Appeal No. E002 of 2022 (appeal and application dated 13th January, 2023 and 27th January, 2023) 12 May 2023 CompareKenya's Court of Appeal struck out an election appeal because the appellant filed her record of appeal 8 days late, confirming the 30-day st
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Magistrate · Kwale Chief Magistrates' Court Election Petition No. E002 of 2022 14 March 2023 CompareThe Kwale Election Court dismissed a challenge to county assembly nominations because the petitioner skipped the IEBC and PPDT dispute proce
electoral law jurisdiction public participation county government burden of proof
Magistrate · Election Petition (Mombasa) - Tudor Ward Member of County Assembly Election Petition, 2022 28 February 2023 CompareA Mombasa court nullified the Tudor Ward MCA election after violence and locked gates kept voters out, ordering a fresh election.
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Magistrate · Election Petition No E004 of 2022 28 February 2023 CompareThe Narok election court dismissed a petition challenging a county assembly gender top-up nomination, confirming the nominee was validly nom
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Magistrate · Election Petition dated August 30, 2022 (Baraki Ward MCA), Garissa Law Court 27 February 2023 Compare
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Court of Appeal · Court of Appeal Election Petition Appeal (filed December 5, 2022, memorandum dated December 2, 2022) 24 February 2023 CompareKenya's Court of Appeal struck out an election appeal filed just three days late, confirming the 30-day election appeal deadline cannot be e
electoral law jurisdiction extension of time striking out limitation of actions
Magistrate · Election Petition (Fafi Ward MCA) — Garissa Law Court, 2022 24 February 2023 CompareA Kenyan court threw out an MCA's election win after a recount showed tallying errors had handed him 130 phantom votes.
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Magistrate · Election Petition dated September 2, 2022 (Narok Chief Magistrate's Election Court) 15 February 2023 CompareA Narok court dismissed an election petition because the losing candidate provided no eyewitness evidence proving irregularities actually ch
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Magistrate · Election Petition No. E006 of 2022 (Consolidated with Election Petition No. E007 of 2022) 2 February 2023 CompareA Mandera court removed a county assembly nominee because he joined UDM only after nominations closed, proving party membership records deci
election petition electoral law county government jurisdiction burden of proof
Magistrate · Petition dated 6th October, 2022 (Kwale County Assembly Election Petition) 2 February 2023 Compare
electoral law jurisdiction extension of time statutory interpretation civil procedure
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