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MagistrateOtherElection Petition No. 2 of 2013· [2013] KEMC 15 (KLR)

Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2013] KEMC 15 (KLR)

Chief Magistrate's Court at Garissa
23 May 2013
N(Ndung'u H. N. (Miss)
439 words in judgment
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The bottom line

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An Garissa court allowed parties to settle an election petition by consent, ending the case without trial and releasing the security deposit back to the petitioners.

What this practically means

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Executive summary

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This record from the Chief Magistrate's Court at Garissa in Election Petition No. 2 of 2013, brought by Mohamed Koriyow Hassan and Mohamed Aden Dubow against the I.E.B.C., the Clerk Garissa County, Mohamed Abey Mohamed and Abubakar Mohamed Shide, documents a directions appearance on 14 May 2013 before Ndung'u H. N. (Miss) CM. Counsel for the petitioners reported service on the 1st and 2nd respondents, with the 3rd and 4th notified by telephone and email, and sought a two-week adjournment to pursue out-of-court settlement. Counsel for the 1st respondent did not oppose the adjournment but asked for that day's costs and reserved the position on costs should the petition be withdrawn. The court adjourned to 23 May 2013 and awarded the 1st respondent costs of 14 May 2013 assessed at Kshs. 5,000/-. On 23 May 2013 counsel for the petitioners reported that the parties had agreed on the issues and filed a consent letter seeking that the petition be marked as settled with no order as to costs. The court made orders in terms of the consent dated 23rd May 2013: the election petition was marked as settled with no order as to costs, and the security for costs deposit was to be released to the petitioners. A further order directed that the proceedings be typed for record purposes and released to the parties if needed. The petition was thus disposed of by consent without a trial on the merits.

Key legal issues

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Settlement of an election petition by consent

Holding

The court adopted the parties' consent letter, marking the petition as settled with no order as to costs and directing release of the security deposit to the petitioners

Reasoning

On 23 May 2013 counsel for the petitioners informed the court that the parties had agreed on the issues and sought to have the petition marked as settled under the consent letter filed that morning. The court, sitting before Ndung'u H. N. (Miss) CM, made orders in terms of the consent. No contest on the merits was heard and no findings on the election were made.

p. 2

Legal principles established

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  • An election petition may be marked as settled by consent of the parties, with no order as to costs and release of the security for costs deposit

Court orders

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  1. 1.On 14/05/2013: Mention on 23/05/2013; the 1st respondent to have that day's costs assessed at Kshs. 5,000/-
  2. 2.On 23/05/2013: Orders in terms of the letter of consent dated 23rd May 2013, marking the election petition as settled with no order as to costs and directing that the security for costs deposit be released to the petitioners
  3. 3.Further order: proceedings to be typed for record purposes and for release to parties if they need them
Jurisdiction invoked
Election petition jurisdiction of the Chief Magistrate's Court (magistrates' courts election petition jurisdiction); no specific constitutional/statutory provision cited in the record

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2013] KEMC 15 (KLR)", Case Analysis (2013). Election Petition No. 2 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2013/15/eng@2013-05-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.