[2017] KEHC 8941 (KLR)
The court held that the applicant had approached the wrong forum by seeking enforcement of the Political Parties Disputes Tribunal's orders in the High Court. The relevant statutory framework, specifically Section 41(3) of the Political Parties Act and Section 10 of the Magistrates Courts Act, vests the power to...
Source-derived case information.
- Citation
- [2017] KEHC 8941 (KLR)
- Parties
- Applicant: Elijah Omondi; Respondent: Orange Democratic Party; Respondent: Judy Pareno; Respondent: Dr. Bob Arunga; Respondent: Odiwuor Ong’wenn; Respondent: David Onyango Orao; Respondent: Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Appeal 26 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enforce Tribunal Orders
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- AO Muchelule
- Legal Topics
- Enforcement of Tribunal Orders, Jurisdiction of High Court, Contempt of Court, Political Parties Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Omondi
Applicant
Orange Democratic Party
Respondent
Judy Pareno
Respondent
Dr. Bob Arunga
Respondent
Odiwuor Ong’wenn
Respondent
David Onyango Orao
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enforce Tribunal Orders
Legal Issues
- 1 Whether the High Court has jurisdiction to enforce orders of the Political Parties Disputes Tribunal.
- 2 Whether the applicant is in the correct forum to seek enforcement of the Tribunal's orders.
- 3 Whether the Tribunal has the power to enforce its own orders and punish for contempt.
Ratio Decidendi
The court held that the applicant had approached the wrong forum by seeking enforcement of the Political Parties Disputes Tribunal's orders in the High Court. The relevant statutory framework, specifically Section 41(3) of the Political Parties Act and Section 10 of the Magistrates Courts Act, vests the power to enforce and punish for contempt in the Tribunal and magistrates' courts, not the High Court. As such, the High Court lacks jurisdiction to entertain the application, and the proper procedure is for the applicant to seek enforcement before the Tribunal itself.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISC. ELECTION PETITION APPEAL NO. 26 OF 2017
ELIJAH OMONDI.............................................PLAINTIFF/APPLICANT
AND
ORANGE DEMOCRATIC PARTY.....1ST DEFENDANT/RESPONDENT
JUDY PARENO.................................2ND DEFENDANT/RESPONDENT
DR. BOB ARUNGA...........................3RD DEFENDANT/RESPONDENT
ODIWUOR ONG’WEN......................4TH DEFENDANT/RESPONDENT
DAVID ONYANGO ORAO.................5TH DEFENDANT/RESPONDENT
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION........................... INTERESTED PARTY
RULING
1. The application seeks to enforce the orders of the Political Parties Disputes Tribunal (‘the Tribunal”) which were contained in the judgment delivered on 18th May 2017. The orders and decree were said to have been served on the respondents who had wilfully failed to comply.
2. This is not an appeal from the decision of the Tribunal as envisaged under Section 41(2) of the Political Parties Act, No. 11 of 2011.
3. Under section 41(3) of the Act orders of the magistrates’ courts can be enforced.
4. Under section 10 of the Magistrates Courts Act No. 26 of 2015 the magistrates courts have powers to punish for contempt.
5. It follows that the Tribunal can enforce its own orders and punish anyone who is in contempt of such orders.
6. The result is that the applicant is in the wrong forum. This court lacks the jurisdiction to hear and determine the application. The same is struck out.
DATED, DELIVERED and SIGNED at NAIROBI this 5TH day of JUNE 2017.
A.O. MUCHELULE
JUDGE