[2013] KEHC 5682 (KLR)
The court held that the distribution of nomination slots among constituencies within Nyandarua County by the National Alliance Party was an internal party matter, not subject to the jurisdiction of the IEBC or the court. The petitioners failed to provide evidence of discrimination or lack of diversity sufficient to...
Source-derived case information.
- Citation
- [2013] KEHC 5682 (KLR)
- Parties
- Applicant: Esther Njogu; Applicant: Hellen Wambui Annan; Applicant: David Ndungu Ndegwa; Respondent: The Independent Electoral and Boundaries Commission; Respondent: The National Alliance Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 238 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Party List Nominations, Equality and Non Discrimination, Electoral Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Njogu
Applicant
Hellen Wambui Annan
Applicant
David Ndungu Ndegwa
Applicant
The Independent Electoral and Boundaries Commission
Respondent
The National Alliance Party
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the National Alliance Party list for Nyandarua County Assembly was unconstitutional due to alleged exclusion and discrimination against certain constituencies.
- 2 Whether the IEBC Dispute Resolution Committee erred in dismissing the petitioners' complaints regarding the party list.
- 3 Whether the distribution of nomination slots among constituencies within Nyandarua County violated constitutional principles of equality and diversity.
Ratio Decidendi
The court held that the distribution of nomination slots among constituencies within Nyandarua County by the National Alliance Party was an internal party matter, not subject to the jurisdiction of the IEBC or the court. The petitioners failed to provide evidence of discrimination or lack of diversity sufficient to impugn the party list. The IEBC Dispute Resolution Committee did not err in dismissing the complaints, as disputes regarding party list preparation are to be resolved by the Political Parties Disputes Tribunal. Consequently, no constitutional violation was established, and the petition was 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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION 238 OF 2013
BETWEEN
ESTHER NJOGU ..................................................... 1ST PETITIONER
HELLEN WAMBUI ANNAN ……………….....….. 2ND PETITIONER
DAVID NDUNGU NDEGWA ……………….….…. 3RD PETITIONER
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
THE NATIONAL ALLIANCE PARTY ................. 2ND RESPONDENT
JUDGMENT
The petitioner’s case contained in the petition dated 8th May 2013 challenges the National Alliance Party list for Nyandarua County Assembly on the ground that it is unconstitutional and that it purports to exclude and discriminate against Ndaragua, Olkalou and Ol’jororok Constituencies of Nyandarua Count as opposed to Kipipiri and Kinangop Constituencies. The petitioner seeks consequential orders to annul the list and that TNA be ordered to adhere to a list of nominees confirmed by TNA on 16th March 2013.
Esther Njogu filed a complaint before the IEBC Dispute Resolution Committee (“the Committee”) with eight other complaints. They alleged that seats were not properly distributed equitably among the constituencies that comprise Nyandarua County. They also impugned the qualifications of some of the nominees. Some of them were aggrieved by the fact that they had applied to be considered for the list and were not listed. In its decision arising from Complaints No. 223/2013 and 322/2013, the Committee dismissed the complaints in the following terms, “The decision as to who gets on to the political party lists rests entirely with the political party and its members and it is not a function of the IEBC. By authority of National Gender and Equality Commission v The IEBC and Others, the IEBC does not have jurisdiction over resolution of disputes related to the processes of political parties in preparing their party lists for nominations to Parliament and the County Assembly. That jurisdiction is vested in the Political Parties Disputes Tribunal.”
We agree with the respondents that how the slots were to be distributed was a party mater. Further, whether the party list reflects proportional distribution of available nomination slots among constituencies forming Nyandarua County is not decisive evidence of lack of diversity within the county absent evidence to the contrary.
No error has been disclosed to impugn the Committee’s decision consequently 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