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MagistrateOtherElection Petition No. 2 of 2017· [2017] KEMC 52 (KLR)
Abdullahi Issack Mohamed v Abdullahi Issack Mohamed & 2 others [2017] KEMC 52 (KLR)
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#What this practically means
#Executive summary
#This is a ruling of the Senior Resident Magistrate's Court at Wajir in Election Petition No. 2 of 2017, delivered on 1 December 2017 by A.K. Mokoross, Senior Resident Magistrate. The petitioner applied, by a notice dated 12/10/2017 supported by his affidavit, to withdraw the election petition challenging the Eldas Constituency result. The application was unopposed; the 1st respondent was present in court while the 2nd and 3rd respondents (the IEBC and the Returning Officer) did not appear. The court heard the petitioner's counsel, reviewed the application and supporting affidavits, and satisfied itself that the petitioner had complied with the rules governing withdrawal of election petitions. It accordingly allowed the application and marked the petition as withdrawn. Because the withdrawal occurred before the matter proceeded to hearing, the court ordered that each party bear their own costs rather than awarding costs to any respondent. The ruling contains no citation of case law or statutory provisions by name, determines no substantive electoral issues, and disposes of the petition without any decision on the merits.
Key legal issues
#01
Whether the election petition could be withdrawn on the petitioner's unopposed application
Holding
The withdrawal application was allowed after confirming compliance with the rules on withdrawal of election petitions and noting the application was unopposed.
Reasoning
The court heard the petitioner's counsel, considered the application dated 12/10/2017 and the supporting affidavits, confirmed compliance with the applicable withdrawal rules, and noted that no party opposed the application. On that basis it allowed the withdrawal and, because the petition had not proceeded to hearing, made no order as to costs.
p. 2
Legal principles established
#- Where an election petition is withdrawn before it proceeds to hearing, each party bears their own costs, upon compliance with the rules governing withdrawal of election petitions.
Court orders
#- 1.The application for withdrawal of the petition is allowed and the petition is marked as withdrawn
- 2.Each party to bear their own costs, the withdrawal having occurred before the hearing
- Jurisdiction invoked
- Rules regarding withdrawal of election petitions (Election Petition Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdullahi Issack Mohamed v Abdullahi Issack Mohamed & 2 others [2017] KEMC 52 (KLR)", Case Analysis (2017). Election Petition No. 2 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2017/52/eng@2017-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.