[2013] KEHC 6221 (KLR)
The court held that the question of entitlement to be on a party list is an internal party matter that should be resolved through the party's internal dispute resolution mechanisms and, if necessary, through the mechanisms established under the Political Parties Act, 2011. The court found no error in the Committee's...
Source-derived case information.
- Citation
- [2013] KEHC 6221 (KLR)
- Parties
- Applicant: Fred Otieno Mwango; Applicant: Penina Akinyi Wandigu; Respondent: Independent Electoral and Boundaries Commission; Respondent: The Chairman, Nominees Dispute Resolution Committee; Respondent: Monica Anyango Otieno
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 255 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- DAS Majanja
- Legal Topics
- Party List Nomination, Internal Party Disputes, Dispute Resolution Mechanisms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Otieno Mwango
Applicant
Penina Akinyi Wandigu
Applicant
Independent Electoral and Boundaries Commission
Respondent
The Chairman, Nominees Dispute Resolution Committee
Respondent
Monica Anyango Otieno
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the inclusion of Monica Anyango Otieno on the Ford Kenya Party list for Migori County Assembly was lawful.
- 2 Whether the party failed to consider Penina Akinyi Wandigu for nomination to the Migori County Assembly party list.
- 3 Whether the dispute regarding party list nominations is justiciable before the court or should be resolved through internal party mechanisms.
Ratio Decidendi
The court held that the question of entitlement to be on a party list is an internal party matter that should be resolved through the party's internal dispute resolution mechanisms and, if necessary, through the mechanisms established under the Political Parties Act, 2011. The court found no error in the Committee's decision and determined that the petitioners had not demonstrated any legal basis for the court to intervene. The court also disregarded procedural deficiencies in the commencement of the proceedings, emphasizing the need to focus on substantive justice, particularly as the petitioners were unrepresented. Ultimately, the petition was dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The plaint is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 255 OF 2013
(FORMERLY PETITION NO. 9 OF 2013 AT KISII)
BETWEEN
FRED OTIENO MWANGO .................................... 1ST PETITIONER
PENINA AKINYI WANDIGU ................................ 2ND PETITIONER
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
THE CHAIRMAN, NOMINEES DISPUTE
RESOLUTION COMMITTEE ........................... 2ND RESPONDENT
MONICA ANYANGO OTIENO .......................... 3RD RESPONDENT
JUDGMENT
This matter was commenced by a plaint dated 6th May 2013 and it seeks to challenge the IEBC Dispute Resolution Committee (“Committee”) decision in Complaint No. 270 /2013 and 273/2013. We disregarded this deficiency in the manner of commencement of the proceedings and applied our minds to the substance of the dispute as required by Article 159(2) of the Constitution and in view of the fact that the plaintiffs were unrepresented.
The complaints concern the constitution of the Ford Kenya Party list for Migori County Assembly. The plaintiffs challenge the position of Monica Anyango Otieno on the basis that she belonged to another party. This position was confirmed by the affidavit of Dr David Eseli Simiyu who deponed that the purported nominees for Migori County were not party members.
The complaint presented to the Committee by Fred Otieno Mwango was in respect of the Gender Top – up list and he complained that the party failed to consider Peninah Wandigu, the 2nd petitioner. Peninah’s complaint was that the party failed to consider her efforts to popularise it in the county.
We have considered the matter in light of the depositions and we find that the petition lacks merit. The issue whether a person is entitled to be on the party list is an internal party matter to be resolved by the internal party mechanisms and failing which the mechanism established under the Political Parties Act, 2011.
In view of our findings, we do not find any error in the Committees decision. The plaint is therefore dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI
JUDGE
D.S. MAJANJA
JUDGE
W.K.KORIR
JUDGE