[2013] KEHC 6393 (KLR)
The court found that the applicant's complaint before the IEBC Dispute Resolution Committee was, in substance, an appeal from an earlier decision made on 4th May 2013, which had already resolved the issues raised. The court held that the Committee was correct in rejecting the second complaint as an appeal and that...
Source-derived case information.
- Citation
- [2013] KEHC 6393 (KLR)
- Parties
- Applicant: Abdullahi Adan Hassan; Respondent: Independent Electoral and Boundaries Commission; Respondent: Speaker, Mandera County Assembly; Interested Party: United Republican Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 150 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Judges
- EM Ngugi, DAS Majanja, CC Kipkorir
- Legal Topics
- Party List Nomination, Electoral Disputes, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdullahi Adan Hassan
Applicant
Independent Electoral and Boundaries Commission
Respondent
Speaker, Mandera County Assembly
Respondent
United Republican Party
Interested Party
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the IEBC was obligated to gazette and publish the URP party list submitted on 21st March 2013 including the applicant as nominee for Mandera County Assembly.
- 2 Whether the omission of the applicant's name from the published list was lawful.
- 3 Whether the Committee's decision on the complaint regarding the party list was proper.
Ratio Decidendi
The court found that the applicant's complaint before the IEBC Dispute Resolution Committee was, in substance, an appeal from an earlier decision made on 4th May 2013, which had already resolved the issues raised. The court held that the Committee was correct in rejecting the second complaint as an appeal and that the original decision was not the subject of the current judicial review application. Furthermore, the court noted that granting the orders sought would directly affect Faiza Omar Hussein, who was not a party to the proceedings, contrary to the rules of natural justice. Consequently, the court found no merit in the application and dismissed it.
Court Disposition
application dismissed
Orders
- The Amended Notice of Motion dated 15th May 2013 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 150 OF 2013
BETWEEN
ABDULLAHI ADAN HASSAN ....................................... APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
THE SPEAKER,
MANDERA COUNTY ASSEMBLY .................... 2ND RESPONDENT
AND
UNITED REPUBLICAN PARTY .................. INTERESTED PARTY
JUDGMENT
The principal prayer sought in the Amended Notice of Motion dated 15th May 2013 before us is for the Independent Electoral and Boundaries Commission (“IEBC”) to be ordered to gazette and publish the United Republican Party (“URP”) list submitted on 21st March 2013 which included the applicant as a party nominee for Mandera County Assembly.
The applicant’s case is that the URP submitted a party list to the IEBC on 30th January 2013. Earlier in the month of March 2013, URP submitted another list vide its letter dated 30th January 2013 but was received by the IEBC on 21st March 2013 making certain corrections to the list which it sought to substitute the earlier list.
The applicant complains that the list published in the public media on 20th April 2013 pursuant to the orders in Petition No. 147 of 2013 clashed with the earlier lists forwarded by URP. He therefore lodged a complaint with the IEBC complaints Dispute Resolution Committee (“the Committee”) as his name did not appear in these lists.
In the decision in Complaint No. 255/2013, the Committee addressed the issue before it as follows, “The issue is whether the party list was prepared in accordance with the law and whether the names forwarded met the requirements of the law and whether Faiza Omar Hussein was picked in accordance with the law ...” The Committee then stated that, “... This matter is an appeal. The Committee’s decision of 4th May 2013 settled it.”
The original complaint filed with the Committee referred to by the Committee was filed against one Faiza Omar Hassan on the ground that she was not a person with disability. This complaint was dismissed and although no reasons were given, the decision was subsequently explained in the latter decision. The applicant now contends that his name was wholly omitted from the list and the name of the person published as a representative of the disabled was not a person with disability.
We have considered the applicants depositions and those of the respondent and in our view the second complaint was in effect an appeal from the first decision of 4th May 2013 and the Committee was right to reject it as an appeal. The first decision is not the subject of this application and consequently we find no merit in the application and it is dismissed.
We also agree with the respondent that the determination cannot be made as it would directly affect Faiza Omar Hussein who is not a party to this application.
The Amended Notice of Motion dated 15th May 2013 is dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI
JUDGE
D.S. MAJANJA
JUDGE
W. K. KORIR
JUDGE