On August 29, 2013, the High Court of Kenya at Nairobi rendered its Judgment in Election Petition No. 6 of 2013 Josiah Taraiya Kipelion Ole Kores vs Dr. David Ole Nkedienye and 3 Others. The Petitioner had alleged that the election of the Kajiado County Governor was not free and fair and that the candidates therein, including the Deputy Governor, did not possess the requisite qualifications to contest in the elections.
It is trite law that the Petitioner bears the burden of proving the allegations in the Petition to the standard required. However, the Petitioner failed to appear in Court to testify and as such his evidence was not tested in cross-examination. The Court held that failure to attend Court for the testing of the allegations in his deposition made his Affidavit to be just that, bare and unproven allegations. It was evidence without any probative value. In this case, as the Petitioner’s allegations did not meet the required evidentiary threshold, the Petition was dismissed.
The Independent Electoral and Boundaries Commission was represented by Mr. Imende of Mohammed Muigai Advocates.