[2013] KEHC 5224 (KLR)
The court found that the applicant was given a fair hearing before the IEBC Tribunal, which had the jurisdiction to determine party nomination disputes. The Tribunal considered the applicant's complaint and dismissed it. The High Court held that there was no evidence of unfairness or procedural impropriety in the...
Source-derived case information.
- Citation
- [2013] KEHC 5224 (KLR)
- Parties
- Applicant: Jackson Kyalo Itule; Respondent: Wilson Mutunga Wambua; Respondent: Kenya National Congress; Respondent: Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 55 of 2013
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed
- Judges
- DAS Majanja, CC Kipkorir, GV Odunga
- Legal Topics
- Party Nominations, Electoral Tribunal Review
- 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
Jackson Kyalo Itule
Applicant
Wilson Mutunga Wambua
Respondent
Kenya National Congress
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant was denied the right to contest the Ndithini/Mananja Ward seat on the Kenya National Congress Party ticket.
- 2 Whether the applicant was afforded a fair hearing before the IEBC Tribunal.
- 3 Whether the High Court should intervene in the party nomination process after the IEBC Tribunal's decision.
Ratio Decidendi
The court found that the applicant was given a fair hearing before the IEBC Tribunal, which had the jurisdiction to determine party nomination disputes. The Tribunal considered the applicant's complaint and dismissed it. The High Court held that there was no evidence of unfairness or procedural impropriety in the Tribunal's proceedings. Consequently, there were no grounds for the court to intervene in the party's nomination process or to overturn the Tribunal's decision.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 30th January 2013 is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Miscellaneous Application 55 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-ZA X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-align:justify; text-indent:-17. 85pt; line-height:200%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
JACKSON KYALO ITULE .....................................................................................APPLICANT
AND
WILSON MUTUNGA WAMBUA...............................................................1ST RESPONDENT
KENYA NATIONAL CONGRESS..............................................................2ND RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION......3RD RESPONDENT
JUDGMENT
1. We heard the Notice of Motion dated 30th January 2013 on 1st February 2013 and dismissed the matter. We now proffer our reasons.
2. The applicant’s complaint is that he was denied the right to contest the Ndithini/Mananja Ward in Masinga Constituency on a Kenya National Congress Party on account of the 1st respondent being given a direct ticket. He claims he complied with all party regulations entitling him to contest the seat.
3. The applicant lodged a complaint before the IEBC Tribunal which heard the matter and dismissed it.
4. We are satisfied that the applicant was given a fair hearing at the Tribunal and that the IEBC came to the conclusion it was entitled to. In the circumstances, we find no ground to intervene.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE
W. KORIR
JUDGE
G. V. ODUNGA
JUDGE