Case ID:206638

Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14848 (KLR) (4 November 2022) (Ruling)

Case Metadata

Case Number:

Election Petition E002 of 2022

Parties:

Bunyasi v Chebii & 3 others

Date Delivered:

04 Nov 2022

Case Class:

Court:

High Court at Busia

Case Action:

Ruling

Judge(s):

David Kipyegomen Kemei

Citation:

Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14848 (KLR) (4 November 2022) (Ruling)

Court Division:

Election Petitions

County:

Busia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14848 (KLR) (4 November 2022) (Ruling)

Neutral citation:

[2022] KEHC 14848 (KLR)

Republic of Kenya

In the High Court at Busia

Election Petition E002 of 2022

DK Kemei, J

November 4, 2022

Between

Sakwa John Bunyasi

Petitioner

and

Lazarus Chebii

1

st

Respondent

Boundaries Commission

2

nd

Respondent

Otuoma Paul Nyongesa

3

rd

Respondent

Arthur Odera Papa

4

th

Respondent

Ruling

1.

Taking into consideration the sentiments of the learned counsels for the respective parties to the Petition dated September 7, 2022 who appeared before this court on November 4, 2022 for the final pre-trial directions. I hereby proceed to issue the following directions:

i.

The hearing of the Petition dated September 7, 2022 shall now proceed on the scheduled dates namely:

a.

Frist hearing dates from December 5, 2022 to December 9, 2022;

b.

Second hearing dates from December 13, 2022 to December 16, 2022; and

c.

The last hearing dates from December 19, 2022 to 20 the December, 2022.

ii.

The apportioned hearing dates for parties shall be as follows:

a.

The petitioner’s hearing dates from December 5, 2022 to December 9, 2022 (5 days);

b.

The 1

st

and 2

nd

respondent’s hearing dates from December 13, 2022 to December 15, 2022 (3 days);

c.

The 3

rd

respondent’s hearing dates 16

th

, December, 2022 and December 19, 2022 (2 days); and

d.

The 4

th

respondent’s hearing date on December 20, 2022.

iii.

The 1

st

and 2

nd

respondents are hereby directed to avail to the relevant seals to the Deputy Registrar Busia High Court for purposes of re-sealing the gubernatorial election ballot boxes in respect of the concluded elections on conducted on 9

th

of August, 2022.

iv.

The 1

st

and 2

nd

respondents who are the custodians of the election materials in respect of the gubernatorial elections of Busia County conducted on 9

th

of August, 2022 are hereby directed to reassemble the gubernatorial election ballot boxes for purposes of re-sealing in the presence of the Deputy Registrar Busia High Court.

v.

The relevant costs incurred during the reassembling of the gubernatorial election ballot boxes for purposes of re-sealing shall borne by the 2

nd

respondent by virtue of the fact that it is the custodian of all electoral materials in respect of the gubernatorial election in dispute.

vi.

The Deputy Registrar Busia High Court is hereby directed to conduct the relevant re-sealing exercise of the gubernatorial election ballot boxes in respect of the elections conducted on 9

th

of August, 2022 in the presence of the relevant parties to the Petition or their respective representatives on a date to be issued or as directed by the Deputy Registrar.

vii.

That the Deputy Registrar shall compile a comprehensive report on the re-assembling and re-sealing exercise of the gubernatorial election ballot boxes in respect of the elections conducted on 9

th

of August, 2022. The same report shall be present before this Court on or before November 29, 2022.

viii.

It is hereby directed that the relevant witnesses to be relied upon by the parties to the Petition shall adopt their witness statements and affidavits as their evidence in chief before they are cross-examined thereof. However, the parties are hereby allowed to have a brief period of a maximum of 10 minutes before the said witnesses are handed over for cross-examination.

ix.

The parties are hereby directed to reach a consensus on the agreed issues which shall be presented before this court on or before November 29, 2022

x.

It is hereby directed that during the hearing of this Election Petition, all the respective learned counsels shall be expected to be robbed and that all the parties shall observe time and court etiquette.

xi.

This Petition shall be mentioned on November 29, 2022 virtually for purposes of confirming compliance of the court directions and further orders, if any.

DATED AT BUSIA THIS 4

TH

DAY OF NOVEMBER, 2022

D. K. KEMEI

JUDGE

In the presence of:

Katwa Kigen & Miss Rauto-petitioner

Mr. Owuor-1

st

& 2

nd

respondent

Gichaba, Miss Nyawira & Bernard Wamalwa-3

rd

respondent

Bwire Miller & Makokha-4

th

respondent

Sikolia, Rachel & Brian-Court Assistants