WILLIAM KABOGO GITAU V. GEORGE THUO, ELECTORAL COMMISSION OF KENYA & WATSON MAHINDA

JUDGMENT OF THE COURT

This appeal arises from the ruling and order of the superior court (Nyamu J) dated 30^th May, 2008 whereby the superior court upheld a preliminary objection to the appellant’s application for leave to inspect documents relating to Juja Constituency parliamentary election and struck out the application with costs.

On 21^st January, 2008, the appellant William Kabogo Gitau filed Election Petition No. 10 of 2008 in the superior court seeking several reliefs, the main one being the nullification of the election of George Thuo (1^st respondent) as Member of Parliament for Juja Constituency in the Presidential and Parliamentary elections held on 27^th December, 2007. On the 12^th March, 2008, the appellant filed a notice of motion under Part VII, Rule 42 of the National Assembly and Presidential Election Regulations (Reg.) for leave to inspect:

“(a) Register of electors.

(b) Form 9, 10, 13 16A and 17A;

(c) Reports made by the Presiding Officers, the Returning Officer and other e…