Musa Cherutich Sirma v The Independent Electoral and Boundaries Commission (i.e.b.c) & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KABARNET ELECTION PETITION NO. 1 OF 2017 MUSA CHERUTICH SIRMA........................................PETITIONER VERSUS THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (I.E.B.C).........1ST RESPONDENT THE ELDAMA RAVINE CONSTITUENCY RETURNING OFFICER (NDIRANGU PETER KURIA)..........................2ND RESPONDENT MOSES LESSONET......................................3RD RESPONDENT RULING 1. Upon considering the Notice of Motion dated 25.9.2017 and the submissions of counsel for the parties herein; the court observes that the motion relates to the preservation of the Election materials and in accordance with Rule 16 of the Election Petition Rules 2017, the court should deal with question of storage of ballot boxes and other materials on the conclusion of the pre-trial conference under rule 15 of the Election Petition Rules. Rule 16 is in terms as follows; 16. (1) on conclusion of the pre-trial conference under rule 15, the election court may give directions on(a) Storage of the election materials including ballot boxes and documents relating to the petition; (b) The handling and safety of the election materials; or (c ) The time for furnishing the election materials to the election court. (2) In giving directions under sub-rule (1), the election court shall(a) consider the prudent, efficient and economical use of storage and transport facilities; (b) consider the maintenance of the integrity of the election materials; and (c) ensure that the election materials are not interfered with.

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