Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2013] KEMC 15 (KLR)

Citation: Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2013] KEMC 15 (KLR)
Media Neutral Citation: [2013] KEMC 15 (KLR)
Court: Magistrate's Court
Court station: Election Petition in Magistrate Courts
Outcome: Allowed
Case number: Election Petition 2 of 2013
Attorneys: Charles Mwangi, Mwangi Charles, Mwangi J. K.,
Alternative citations: Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2014] eKLR
Judgment date: 23 May 2013
Language: English
Type: Judgment
Original source file: Download DOCX (18.5 KB)

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Elections
- Election Petitions 2013

Case action: Order
Court division: Civil

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REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT GARISSA

ELECTION PETITION NO. 2 OF 2013

MOHAMED KORIYOW HASSAN……………………..1^ST PETITIONER

MOHAMED ADEN DUBOW…………………………….2^ND PETITIONER

VERSUS

I.E.B.C……………………………………………………..1^ST RESPONDENT

THE CLERK GARISSA COUNTY……………………2^NDRESPONDENT

MOHAMED ABEY MOHAMED…….……….….……3^RDRESPONDENT

ABUBAKAR MOHAMED SHIDE.….……….….……4^TH 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 1^st respondent

MWANGI CHARLES: The matter is coming up for directions and also to report on service. We have served the 1^st respondent. 2^ndrespondent and the 3^rd and 4^th 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 1^st 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 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 1^st 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 1^st 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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