[2013] KEHC 6219 (KLR)
The court found that the matters raised by the petitioner primarily concerned the internal constitution of the party list by ODM, which is within the party's discretion. The IEBC acted on the list submitted by ODM after calling for a fresh list due to initial non-compliance. The petitioner failed to provide...
Source-derived case information.
- Citation
- [2013] KEHC 6219 (KLR)
- Parties
- Petitioner: Chepokugho Lokarkilim; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Eliz Chelakam Lotam; Respondent: John Lokato Todopus
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 301 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Party List Nomination, Iebc Dispute Resolution, Gender Top Up, Marginalised Groups, Internal Party Affairs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chepokugho Lokarkilim
Petitioner
The Independent Electoral and Boundaries Commission
Respondent
Eliz Chelakam Lotam
Respondent
John Lokato Todopus
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the IEBC Dispute Resolution Committee erred in dismissing the petitioner.s complaint regarding the party list nomination for West Pokot County Assembly.
- 2 Whether the 2nd respondent was unlawfully included and the petitioner unlawfully excluded from the party list.
- 3 Whether the court should interfere with the party.s constitution of its nomination list.
Ratio Decidendi
The court found that the matters raised by the petitioner primarily concerned the internal constitution of the party list by ODM, which is within the party's discretion. The IEBC acted on the list submitted by ODM after calling for a fresh list due to initial non-compliance. The petitioner failed to provide sufficient proof of the alleged irregularities, including claims of nepotism, wrongful inclusion, or exclusion. The court held that there was no discernible error in the Committee's decision to dismiss the complaint, and thus declined to interfere with the party's nomination process or the IEBC's acceptance of the revised list.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 301 OF 2013
BETWEEN
CHEPOKUGHO LOKARKILIM ................................. PETITIONER
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
ELIZ CHELAKAM LOTAM …………………... 2ND RESPONDENT
JOHN LOKATO TODOPUS ................................ 3RD RESPONDENT
JUDGMENT
The petitioner’s case contained in the petition dated 14th June 2013 is that the Orange Democratic Movement (“ODM”) submitted the party list for West Pokot County Assembly to the IEBC on 30th January 2013 in which the petitioner was number one on the gender top-up category list. It is the petitioner’s case that the 3rd respondent sneaked in the name of the 2nd respondent in the list submitted to ODM. That the 3rd respondent maliciously submitted his name for consideration under the marginalised list for ODM West Pokot County whereas he does not fall in the special category.
As the initial list submitted did not comply with the law, the IEBC called for another list which was received by the 1st respondent on 2nd March 2013 and in which the 2nd respondent appeared as number one and petitioner number three.
The IEBC Dispute Resolution Committee (“the Committee”) heard and dismissed Complaint No. 69 of 2013. In its decision the Committee ruled that, “The Tribunal finds no merit in the complaint. The allegations are bare allegations without proof. The onus is on the complaint to prove its case. Neither the allegation that the nominee challenged had defected to URP nor that the complainant was number 1 on the list and replaced arising from nepotism was proved. The complaint is dismissed.”
We have considered the deposition and submissions. In our view, we decline to interfere with the Committee’s decision as the matters really concern the constitution of the list by the party. The matter of who gets on the list is a matter for the party and since the IEBC acted on the list submitted to it by ODM after it called for a fresh list. We are unable to discern any error in decision taken by the Committee.
The petition is dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013.
MUMBI NGUGI D.S. MAJANJA W. K.KORIR
JUDGEJUDGE JUDGE