Mohamed v Hassan & 5 others (Election Petition E003 of 2022) [2022] KEMC 12 (KLR)
The bottom line
#A Kenyan magistrate allowed an election petition to be withdrawn after community leaders brokered an out-of-court settlement, with each side paying its own costs.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to wholly withdraw the election petition
Leave granted; the unopposed application satisfied the threshold in Rule 21 of the 2017 Petition Rules, grounded on an out-of-court settlement by community leaders.
The Petitioner sought to withdraw the petition under Rule 21 of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and Article 159(2)(c) of the Constitution. Counsel for the 1st, 2nd and 3rd Respondents did not oppose and did not claim costs. The Petitioner's affidavit sworn on November 24, 2022 explained that community leaders had negotiated an amicable settlement of the entire dispute. The court, finding no objection from parties present and ready for hearing, was satisfied the threshold was met.
Costs and security for costs upon withdrawal
Each party to bear its own costs; the security for costs deposited in court to be released to the depositor.
The 1st, 2nd and 3rd Respondents indicated they were not claiming costs and would not file affidavits to the application. The 4th Respondent never entered appearance, and counsel for the 5th and 6th Respondents was absent. On those facts the court ordered no costs as between parties and directed release of the deposited security to the depositor.
Legal principles established
#- An unopposed application to withdraw an election petition that meets the threshold under Rule 21 of the Election (Parliamentary and County Elections) Petition Rules, 2017 may be allowed with no orders as to costs.
Court orders
#- 1.The Election Petition No E003 of 2022 with the leave of the Court is hereby withdrawn.
- 2.Each of the parties to bear its own costs.
- 3.Security of costs deposited into Court to be released to the depositor.
- Jurisdiction invoked
- Rule 21 of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and Article 159(2)(c) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed v Hassan & 5 others (Election Petition E003 of 2022) [2022] KEMC 12 (KLR)", Case Analysis (2022). Election Petition No E003 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2022/12/eng@2022-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.