[2013] KEHC 6218 (KLR)
The court held that it could not interfere with the merits of the Committee's decision as there was no evidence to support the applicant's claim that the substitution was irregular or that Amina Tiffow was not a URP member. Furthermore, the court found that the failure to join Amina Tiffow, whose nomination was...
Source-derived case information.
- Citation
- [2013] KEHC 6218 (KLR)
- Parties
- Applicant: Fatuma Adan Kala; Respondent: The Independent Electoral and Boundaries Commission; Respondent: United Republican Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 235 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party List Nomination, Right to Fair Administrative Action, Non Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fatuma Adan Kala
Applicant
The Independent Electoral and Boundaries Commission
Respondent
United Republican Party
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the substitution of the applicant's name on the party list was irregular and in breach of constitutional rights.
- 2 Whether the Committee's decision was reviewable by the court in the circumstances.
- 3 Whether the non-joinder of the nominee whose name was substituted was fatal to the application.
Ratio Decidendi
The court held that it could not interfere with the merits of the Committee's decision as there was no evidence to support the applicant's claim that the substitution was irregular or that Amina Tiffow was not a URP member. Furthermore, the court found that the failure to join Amina Tiffow, whose nomination was directly challenged, was a fatal procedural defect. As such, the application was dismissed for lack of merit and for non-joinder of a necessary party.
Court Disposition
application dismissed
Orders
- The application 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
JUDICIAL REVIEW DIVISION
JR NO. 235 OF 2013
BETWEEN
FATUMA ADAN KALA ………....................................... APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
UNITED REPUBLICAN PARTY .......................... 2ND RESPONDENT
JUDGMENT
The applicant, Fatuma Adan Kala, challenges the United Republic Party (“URP”) party list for Mandera County Assembly. In the Notice of Motion dated 27th June 2013, he contends that the IEBC Dispute Resolution Committee (“the Committee”) replaced his name with that of Amina Tiffow who was not on the original URP Top Up list.
According to the Committee’s decision in Complaint No. 81 of 2013 (Khala Fatuma Adan v URP), the Committee appraised the applicant’s case in the following manner, “The issue whether the complainant was replaced by Tiffow Amina Abdullahi who is not a member of URP and was not on the party list of nominees submitted by URP to the IEBC. No evidence has been adduced to show that Tiffow Amina Abdullahi is not a member of URP. Complaint not supported by evidence ... Dismissed. No evidence adduced that nominee is not a member of URP.”
The ex parte applicant complains that she was not informed of the changes in the list of proposed nominees and only read about it in the newspaper. She contends that the substitution of her name was irregular and in breach of her constitutional rights.
We have considered the arguments raised by the applicant and we agree with the position taken by the Committee. Our jurisdiction does not extend to reviewing the merits of the decision, we decline to interfere.
Even if we were inclined to review the decision, the non-joinder of Tiffow Amina Abdullahi to this matter whose nomination is challenged is fatal to the application.
The application 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