REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT GARISSA ELECTION PETITION NO. 2 OF 2013 MOHAMED KORIYOW HASSAN……………………..1ST PETITIONER MOHAMED ADEN DUBOW…………………………….2ND PETITIONER VERSUS I.E.B.C……………………………………………………..1ST RESPONDENT THE CLERK GARISSA COUNTY……………………2ND RESPONDENT MOHAMED ABEY MOHAMED…….……….….……3RD RESPONDENT ABUBAKAR MOHAMED SHIDE.….……….….……4TH RESPONDENT 14/05/13 BEFORE ME : NDUNG’U H. N. (MISS) CM C/CLERK : HALIMA Mwangi Charles for the petitioner Mwangi J. K. holding brief for Garane for the 1st respondent MWANGI CHARLES: The matter is coming up for directions and also to report on service. We have served the 1st respondent. 2nd respondent and the 3rd and 4th have not been served but have been notified by telephone and email on this matter. The one who has been problematic is the 3 rd respondent he promised to give us his email but never did so though we talked to him on phone. We have complied. We wish to have two weeks to allow the parties to negotiate out of court as there are indications that there is a possibility of a settlement. We ask for two weeks time to report back on the outcome of negotiations. That’s all. NDUNG’U H. N. (MISS) CM 14/05/13 MWANGI J. K: The 1st respondent does not oppose the adjournment for two (2) weeks. However we shall be asking for today’s costs. Further if the petitioner wishes to withdraw at any time before
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commencement of hearing of the petition the 1 st respondent maintains that it should be awarded costs. The security should be given to the 1 st respondent as all other parties have not filed their papers. That’s all. NDUNG’U H. N. (MISS) CM 14/05/13 MWANGI CHARLES: Nothing in response. NDUNG’U H. N. (MISS) CM 14/05/13 ORDER: Mention 23/05/2013. The 1st respondent to have today’s costs assessed at Kshs. 5,000/-. NDUNG’U H. N. (MISS) CM 14/05/13 23/05/13 BEFORE ME : NDUNG’U H. N. (MISS) CM C/CLERK : HALIMA Mwangi J. K. for 1st respondent Charles Mwangi for petitioner CHARLES MWANGI: We have agreed on the issues and we pray it be marked as settled with no order as to costs as per the filed consent. NDUNG’U H. N. (MISS) CM 23/05/13 ORDER: Orders then in terms of the letter of consent filed this morning and dated 23 rd May 2013 that is to say. “By consent the parties agree to have this election petition marked as settled with no order as to costs. The security for costs deposit to be released to the petitioners”. NDUNG’U H. N. (MISS) CM 23/05/13 FURTHER ORDER: Proceedings to be typed for record purposes and for release to parties if they need them. NDUNG’U H. N. (MISS) CM 23/05/13
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