[2012] KEHC 5554 (KLR)

[2012] KEHC 5554 (KLR)

The court found that there was no error apparent on the face of the record or fundamental defect in its earlier judgment regarding the delimitation of Nandi Hills and Tinderet constituencies. The application sought substantive changes—specifically, the movement of six sub-locations—which would amount to a fresh delimitation exercise, contrary to the scope of review. The court emphasized that its judgment had already crystallized rights and that altering the boundaries at this stage would disrupt the constitutional and statutory timelines for elections. Therefore, the application for review was dismissed as it did not meet the threshold for review and would undermine the finality and...

Citation
[2012] KEHC 5554 (KLR)
Parties
Applicant: Wilson Kiplagat Kemboi; Applicant: Isaac Kirwa Leting; Respondent: The Independent Electoral & Boundaries Commission; Interested Party: The Honourable Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 November 2012
Case Number
Constitutional Petition 119 of 2012
Procedural Posture
Constitutional Petition / Ruling on Application for Review of Judgment
Outcome
application dismissed
Legal Topics
Delimitation of Boundaries, Electoral Justice, Review of Judgment, County Assembly Wards
Source Language
English
Constitutional Law Election Petitions Delimitation of Boundaries Electoral Justice Review of Judgment County Assembly Wards

Case Brief

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Parties

Wilson Kiplagat Kemboi

Applicant

Isaac Kirwa Leting

Applicant

The Independent Electoral & Boundaries Commission

Respondent

The Honourable Attorney General

Interested Party

Procedural Posture

Constitutional Petition / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether there is an error apparent on the face of the record or a fundamental defect in the judgment warranting review.
  2. 2 Whether the movement of six sub-locations between constituencies is permissible at the review stage.

Ratio Decidendi

The court found that there was no error apparent on the face of the record or fundamental defect in its earlier judgment regarding the delimitation of Nandi Hills and Tinderet constituencies. The application sought substantive changes—specifically, the movement of six sub-locations—which would amount to a fresh delimitation exercise, contrary to the scope of review. The court emphasized that its judgment had already crystallized rights and that altering the boundaries at this stage would disrupt the constitutional and statutory timelines for elections. Therefore, the application for review was dismissed as it did not meet the threshold for review and would undermine the finality and...

Court Disposition

application dismissed

Orders

  • The application for review is dismissed.
  • No order as to costs.