[2007] KEHC 3696 (KLR)

[2007] KEHC 3696 (KLR)

The court found that the Registrar of Societies, as a statutory office, was under a positive duty to inquire into the validity of changes to society officials, including compliance with the society's constitution and the Societies Act. The Registrar failed to consider objections, did not verify the legitimacy of the meeting or election, and registered officials in violation of both the KANU Constitution and statutory requirements. The Electoral Commission of Kenya, in turn, acted unlawfully by recognizing the new officials based solely on unverified information, without independent inquiry or a valid Commission decision as required by law. The court held that both the Registrar's and...

Citation
[2007] KEHC 3696 (KLR)
Parties
Applicant: Hon. Uhuru Kenyatta, Hon. William Ruto, Hon. Billow Kerrow, Hon. Dalmas Otieno, Hon. Henry Kosgey, Hon. Chris Okemo, Hon. Gideon Ndambuki; Respondent: Registrar of Societies; Respondent: Electoral Commission of Kenya; Respondent: Hon. Nicholas K. Biwott, Hon. Katana Ngala, Hon. Sam Ongeri, Josephine Ojiambo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 June 2007
Case Number
? 747 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Application allowed in part. Orders of certiorari granted quashing the Registrar's and ECK's decisions. Other prayers declined. Each party to bear own costs.
Legal Topics
Judicial Review, Locus Standi, Natural Justice, Political Party Regulation, Public Law Remedies, Separation of Powers
Source Language
English
Administrative Law Constitutional Law Civil Procedure Judicial Review Locus Standi Natural Justice Political Party Regulation Public Law Remedies +1 more

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Parties

Hon. Uhuru Kenyatta, Hon. William Ruto, Hon. Billow Kerrow, Hon. Dalmas Otieno, Hon. Henry Kosgey, Hon. Chris Okemo, Hon. Gideon Ndambuki

Applicant

Registrar of Societies

Respondent

Electoral Commission of Kenya

Respondent

Hon. Nicholas K. Biwott, Hon. Katana Ngala, Hon. Sam Ongeri, Josephine Ojiambo

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the Registrar of Societies lawfully registered changes to KANU's national officials in accordance with the Societies Act and KANU Constitution.
  2. 2 Whether the Electoral Commission of Kenya lawfully recognized the new KANU officials based on the Registrar's notification.
  3. 3 Whether the Applicants had locus standi to challenge the registration and recognition of new officials.

Ratio Decidendi

The court found that the Registrar of Societies, as a statutory office, was under a positive duty to inquire into the validity of changes to society officials, including compliance with the society's constitution and the Societies Act. The Registrar failed to consider objections, did not verify the legitimacy of the meeting or election, and registered officials in violation of both the KANU Constitution and statutory requirements. The Electoral Commission of Kenya, in turn, acted unlawfully by recognizing the new officials based solely on unverified information, without independent inquiry or a valid Commission decision as required by law. The court held that both the Registrar's and...

Court Disposition

Application allowed in part. Orders of certiorari granted quashing the Registrar's and ECK's decisions. Other prayers declined. Each party to bear own costs.

Orders

  • Order of certiorari quashing the decision of the Registrar of Societies to register new officials of KANU as set out in the letter dated 28th November 2006.
  • Order of certiorari quashing the decision of the Electoral Commission of Kenya to recognize Hon. Biwott as Chairman and Leader of KANU as conveyed by letter dated 1st December 2006.