[2013] KEHC 6189 (KLR)
The court held that the dispute raised by the petitioner concerns her political party's decision not to forward her name for nomination, which is a matter squarely within the jurisdiction of the Political Parties Tribunal under the Political Parties Act. The High Court therefore lacks jurisdiction to entertain the...
Source-derived case information.
- Citation
- [2013] KEHC 6189 (KLR)
- Parties
- Applicant: Alice Moraa Koskei; Respondent: National Alliance Party; Respondent: Independent Electoral & Boundaries Commission; Respondent: Anne Khesabo Gati
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 311 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Political Party Membership, Nomination Disputes, Jurisdiction of Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Moraa Koskei
Applicant
National Alliance Party
Respondent
Independent Electoral & Boundaries Commission
Respondent
Anne Khesabo Gati
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the 3rd respondent was validly nominated to the Kisii County Assembly as a TNA nominee.
- 2 Whether the High Court has jurisdiction to determine disputes relating to political party membership and nominations.
Ratio Decidendi
The court held that the dispute raised by the petitioner concerns her political party's decision not to forward her name for nomination, which is a matter squarely within the jurisdiction of the Political Parties Tribunal under the Political Parties Act. The High Court therefore lacks jurisdiction to entertain the petition. The 2nd respondent acted lawfully in dismissing the petitioner's complaint, and the petition was accordingly dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION
PETITION NO 311 OF 2013
ALICE MORAA KOSKEI ……………………………..........................................PETITIONER
VERSUS
NATIONAL ALLIANCE PARTY ….…………….………………………….1ST RESPONDENT
INDEPENDENT ELECTORAL &
BOUNDARIES COMMISSION ……………………….…….………......… 2ND RESPONDENT
ANNE KHESABO GATI ………………………………..….…….…………. 3RD RESPONDENT
JUDGMENT
The petitioner’s complaint in this matter is that the 3rd respondent is not a member of the National Alliance Party, (TNA) and should therefore not have been nominated to the Kisii County Assembly as the TNA nominee.
On its part, the 1st respondent took issue with the jurisdiction of the court to adjudicate over this matter. It contends that this is a matter that falls within the jurisdiction of the Political Parties Tribunal established under Section 40(b) of the Political Parties Act, 2011. It also contends that the dispute relates to a decision that it made exclusively as required under Article 92(2)
The 2nd respondent’s position is that the 3rd respondent was on the TNA list for Kisii County, and in accordance with the law and the decision of this court in Petition No 147 of 2013National Gender and Equality Commission -vs it nominated the 3rd respondent on the basis of that list.
Determination
We have read the pleadings and submissions of the parties in this matter. The petitioner’s complaint is basically that she had worked tirelessly for her party, TNA, but it had failed to send her name to the 2nd respondent for nomination. In essence therefore, her dispute is with her political party, a matter that falls for determination, under the Political Parties Act, before the Tribunal established under that Act.
In our view therefore, the 2nd respondent properly dismissed her complaint No IEBC/NDRC/PL/9/2013. We therefore dismiss this petition with no order as to costs.
Dated, Delivered and Signed at Nairobi this 12th day of July 2013
MUMBI NGUGI D. S. MAJANJA WELDON KORIR
JUDGE JUDGE JUDGE