REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Petition 81 of 2013
OLIVER LEMACHON OLESEKI..............................................................................APPLICANT
THE RETURNING OFFICERS KAJIADO......................................................1ST RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION .........2ND RESPONDENT
I have considered the petition and it is grounded on the decision of the Retuning officer evidenced by the Form 16 where he endorsed, “Not cleared since he arrived past 4.00pm (10 minutes late).” The petitioner’s contention is that the returning officer’s decision endorsed is not true as he was already at the centre. He now seeks relief from this court. In view of the returning officer’s decision, the proper remedy is to appeal against the decision to reject his papers under the provision of Article 88(4)(e) as read with section 74 of the Elections Act and the Rules on Settlement of Disputes.
As there is an effective remedy, I decline to entertain this petition and it is consequently dismissed with no order as to costs.
Dated and Delivered at Nairobi this 7th February 2013
D.S. MAJANJA