High Court 2708 of 2013

REPUBLIC OF KENYA High Court at Kitale Election Petition 8 of 2013 THE ELECTIONS ACT, 2011 JAMES KUYA EBEI................................................................................................PETITIONER VERSUS INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION.......1ST RESPONDENT KIRORI KIMANI..........................................................................................2ND RESPONDENT DANIEL NANOK EPUYO...........................................................................3RD RESPONDENT RULING 1. The petitioner filed this petition on the 10th April, 2013. To date no payment has been made for security for costs nor has service been effected upon the respondents. 2. petition. The 3rd respondent chose to move the court by way of Notice of Motion for dismissal of the 3. The date for hearing of the application was taken in court and all counsel were present 4. On the 28th May, 2013, the application proceeded for hearing in the absence of the petitioner and his counsel, as counsel had due notice. 5. Having failed to deposit the requisite security for costs and having failed to effect service upon the respondents, this court finds that the petitioner is not desirous in prosecuting the petition. 6. The petition is hereby dismissed for want of prosecution. 7. On the issue of costs, in line with the overriding objectives enunciated in Rule 4 of the Elections Petition Rules 2013 with particular emphasis on the words: “..........proportionality and affordable resolution...............” , the respondents shall only be entitled to costs of this application. 8. A Certificate shall issue to I.E.B.C. and the Speaker of the National Assembly under the provisions of Section 86(1) of the Election Act. It is so ordered. Dated, Signed and Delivered at Kitale this 11th day of June, 2013.

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