Procedure and House Rules Committee: Catering and Health Club Committee.
This Election Petition was filed on 6th September by the Petitioner seeking several prayers. The petition was served on the 1st Respondent on 8th September who acknowledged receipt by stamping on the principal copy, whereas on the 10th Septemberthe Petitioner paid for an advertisement of the Election Petition on 10th Septemberin the Daily Nation.
The 1st Respondent and the 3rd Respondent filed their responses on 26th September and on 22nd September respectively. The delay in filing the responses within time provided by the law provoked the Petitioner and the Respondents to file myriads of applications and preliminary objections seeking various orders.
The various applications are dated, 6th September18th September2nd October5th October4th October and two preliminary objections dated 6th October and 9th October following which the Court directed all the applications and objections be heard together. I propose therefore to deal with each application on its own as I go through all the applications and the Notices of the Preliminary objections.
The 2nd Respondent through an application dated 18th September pursuant to Rule 9 of the Advocates Practice Rules seeks the following orders: The application is premised on the grounds on the face of the application inter alia: Elikana Mokua Ndubi was interviewed for a position of Deputy Presiding Officer by the 1st Respondent, was subsequently recruited as such Deputy Presiding Officer for the elections held on 8th August Elkana Mokua Ndubi, signed oath of secrecy with the 1st respondent, was then trained on all electoral processes and ultimately deployed at Gesore PAG Primary School polling station stream 1, West Mugirango Constituency, as Deputy Presiding Officer to oversee the elections on 8th August Elikana Mokua Ndubi may have come across, even if such access was unintentional, confidential and privileged information that was once in the custody of the 1st and 3rd Respondents which information has a bearing on this petition.
Elkana Mokua Ndubi had intricate and confidential information regarding this Election Petition. Elkana Mokua Ndubi is clearly adverse to the position to be taken by the Respondents. Elkana Mokua Ndubi be compelled to step aside. The application is further supported by an affidavit of Hon.
Vincent Kemosi Mogaka dated 18th September and annexures thereto. At the hearing, Mr. Osoro Mogikoyo, Learned Advocate, sought prayers nos; 1, 2, 3 and 4 of the application be granted and relied mainly on the grounds on the face of application, affidavit thereto and annexures.
Ndubi, Learned Advocate, for the Petitioner was a Deputy Presiding Officer in one of the polling stations mentioned in the application, that he participated actively in the process of the election and by virtue of that factor he acquired confidential information which he may use to the prejudice of the Petitioner.
The Applicant urges further the Respondent herein Mr. It is further urged that Mr. The Applicant further depones he is not critiquing the bonafides of Mr.
Ndubi, Advocate for choosing to act for the Petitioner as an Advocate, rather he is raising a serious weighty and important issue relating to his rights. Ndubi, Advocate in his response opposed the application and relied on the replying affidavits dated 28th September and 9th Octoberurging he has not been accused by anyone of not maintaining the secrecy of the ballot, nor communicating except for a purpose authorized by law before the polling station was closed in respect to West Mugirango Constituency and that he did anything, that compromises the secrecy of the vote.
He avers that he does not hold any intricate and confidential information that came into his hands by his interaction with the 1st and the 2nd Respondents as alleged. He submitted if there were irregularities in Gesore Station No. He reiterated the submissions by the counsel for the 2nd Respondent and stated as long as Mr.
Ndubi, Advocate admitted he signed Form 35A, he then becomes a witness.IN Gazette Notice No. of , amend the expression printed as (e) of State Corporations to read of the Kenya National Library Service Board.
IN Gazette Notice No.
of amend the expression Naivasha/Maraigushu Block 2/ to read Naivasha/Maraigushu Block 2/ Hon Steve Mogaka added 7 new photos — with Becky Ndubi Okayana and Mokua Ndubi. 5 hrs · Congratulations my nephew Elikana Mokua Ndubi for your nuptials.I wish you a happy marriage full of love and Happiness.
(iii) That by virtue of the said recruitment and training, Mr. Elikana Mokua Ndubi may have come across, even if such access was unintentional, confidential and privileged information that was once in the custody of the 1 st and 3 rd Respondents which information has a bearing on this petition.
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2 cmcc 91/09 nakuru industries vs sirbrook kenya ltd (karanja mbugua) (sheth wathigo) 3 div 17/14 hezron mwangi vs ruth stanley 9 cmcc /15 charles monyao vs national industrial credit bank (momanyi gichuki) (sheth wathigo) of nakuru (ndubi) (kinyanjui njuguna) 16 cmcc /15 tracy otieno vs omar ahmed (ndubi) (kinyanjui njuguna).
atp firm 7 class g professional ethics 4 table of cases 1. National Bank of Kenya vs Kipkoech Korat and another HCCC 97 of 2. H.F Fire vs A.M.F Ghareb ()Eklr 3.