Login Register

Benard Chege v. Clement Kungu Waibara, Charles Mararo Njoroge & Electoral Commission of Kenya

(2010) JELR 105505 (CA)

Court of Appeal  •  Civil Application 27 & 142 of 2009  •  12 Mar 2010  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno



These two applications have been consolidated and were heard together for convenient disposal.

The two motions though lodged on different dates are both expressed to be brought under rules 80 and 42 of the Court of Appeal Rules and they seek an order to strike out the notice of appeal and the record of appeal filed in Civil Appeal No. 142 of 2009, or in otherwise, the appeal itself on the ground that it was not filed within the time stipulated by law.

Pursuant to the Presidential and Parliamentary General Elections held on 27th December 2007 the 1st respondent, Clement Kungu Waibara, was declared the winner for Gatundu North Constituency. On 24th January 2008, Peter Kamau Njeri, a registered voter filed Election Petition No. 24 of 2008 before the Election Court on various grounds of election malpractices, particularly bribery of and undue influence of voters, seeking an order to declare the election of the 1st respondent as null and void.

However, on 26th September 200…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login