[2020] KEHC 7164 (KLR)

[2020] KEHC 7164 (KLR)

The court held that it lacked jurisdiction to entertain the Plaintiffs' suit at first instance because the dispute concerned internal party elections and leadership within the Jubilee Party, which falls squarely within the jurisdiction of the Political Parties Disputes Tribunal as mandated by Sections 39 and 40 of the Political Parties Act, 2011. The Plaintiffs failed to demonstrate that they had exhausted the internal party dispute resolution mechanisms or referred the matter to the Tribunal before approaching the High Court. The court emphasized that the Constitution and statute require strict adherence to prescribed alternative dispute resolution mechanisms, and the High Court's...

Citation
[2020] KEHC 7164 (KLR)
Parties
Applicant: Godfrey Murithi Muchiri; Applicant: Charles Njeru Nyaga; Applicant: Margaret Mukwanjeru Gitari; Applicant: Leonard Gitonga; Applicant: Denis Mutwiri Muthitu; Respondent: The Speaker, Tharaka Nithi County Assembly; Respondent: The Clerk, Tharaka Nithi County Assembly; Respondent: The Tharaka Nithi County Assembly
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
12 March 2020
Case Number
Civil Case 2 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
suit and application struck out for want of jurisdiction
Judges
BB Limo
Legal Topics
Jurisdiction of High Court, Political Party Disputes, Exhaustion of Alternative Remedies, Internal Party Mechanisms
Source Language
English
Administrative Law Civil Procedure Jurisdiction of High Court Political Party Disputes Exhaustion of Alternative Remedies Internal Party Mechanisms

Case Brief

Summary, issues, holding and outcome

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Parties

Godfrey Murithi Muchiri

Applicant

Charles Njeru Nyaga

Applicant

Margaret Mukwanjeru Gitari

Applicant

Leonard Gitonga

Applicant

Denis Mutwiri Muthitu

Applicant

The Speaker, Tharaka Nithi County Assembly

Respondent

The Clerk, Tharaka Nithi County Assembly

Respondent

The Tharaka Nithi County Assembly

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear disputes arising from internal political party elections before exhaustion of internal party mechanisms and the Political Parties Disputes Tribunal.
  2. 2 Whether the Plaintiffs exhausted internal party dispute resolution mechanisms as required by law before approaching the High Court.
  3. 3 Whether the suit is premature and should be struck out for want of jurisdiction.

Ratio Decidendi

The court held that it lacked jurisdiction to entertain the Plaintiffs' suit at first instance because the dispute concerned internal party elections and leadership within the Jubilee Party, which falls squarely within the jurisdiction of the Political Parties Disputes Tribunal as mandated by Sections 39 and 40 of the Political Parties Act, 2011. The Plaintiffs failed to demonstrate that they had exhausted the internal party dispute resolution mechanisms or referred the matter to the Tribunal before approaching the High Court. The court emphasized that the Constitution and statute require strict adherence to prescribed alternative dispute resolution mechanisms, and the High Court's...

Court Disposition

suit and application struck out for want of jurisdiction

Orders

  • The Preliminary Objection dated 9th March 2020 is sustained.
  • The suit and the application in its entirety are struck out.