Automated Summary
Key Facts
Complainant Ken Numbers Kiagiri (formerly Kenneth Kanini Kiagiri) alleged the Jubilee Party used his former name on ballot papers for Westlands Constituency, causing voter confusion. The tribunal ruled the ballot error prejudiced him, ordering a recount of votes for 'Ken Numbers Kanini Kiagiri alias Kenneth Kiagiri Kanini' or a fresh nomination within 72 hours, citing his legally changed name (Gazette Notice No. 3086, March 31, 2017).
Issues
The court determined that the error in the ballot papers (using the complainant's former name) prejudiced his candidacy, and ordered a recount.
Holdings
The court determined that the Complainant was prejudiced by the error in his name on the ballot papers, which affected the outcome of the nominations, and ordered a recount of votes and, if necessary, a fresh nomination exercise.
Remedies
- The court ordered each party to bear its own costs.
- The court ordered the 1st Respondent to recount all votes cast for Ken Numbers Kanini Kiagiri alias Kenneth Kiagiri Kanini and tally them in favor of the Complainant within 72 hours of the judgment.
- If the 1st Respondent fails to conduct the recount as ordered, the court directed them to organize and conduct a fresh nomination exercise for the Westlands Constituency seat within 72 hours.
Legal Principles
The court determined that the complainant, having legally changed his name via a Deed Poll and Gazette notice, had a legitimate expectation that ballot papers would reflect his new name. The failure to do so, as admitted by the respondent, caused confusion and prejudice, affecting the election outcome. The tribunal ordered a recount and, if necessary, a fresh nomination.
Judge Name
- Paul Ngotho
- Desma Nungo
- Kyalo Mbobu
Passage Text
- 7. We are inclined to believe the evidence of Eric Asera Ambuche that he acted as presiding officer in the nominations and encountered the confusion in the Complainant's name. We hold that the Complainant was likely to be, and in fact was prejudiced by the mistake in his name. This mistake in our view was so far reaching, that it affected the outcome of the nominations.
- 6. There is only one issue for determination in this claim. That is whether or not there was an error in the ballot papers which prejudiced the Complainant. The Gazette Notice Number 3086 of 31st March, 2017 is irrefutable evidence to the whole world that the Complaint had renounced the name of Kenneth Kanini Kiagiri and in its place assumed and adopted Ken Numbers Kiagiri. However, even by the 1stRespondent's own admission, the ballot papers used in the nominations of 26th April, 2017 had the Complainant's former name. The candidate on the ballot papers was a stranger to the process. The Respondents cannot be heard to say that he had not been prejudiced.