[2012] KEHC 5555 (KLR)

[2012] KEHC 5555 (KLR)

The court found that section 34(9) of the Elections Act, as amended, is not inconsistent with Article 97(1)(c) of the Constitution. The term 'special interests' is broad and not confined to the specific groups listed in Article 97(1)(c); rather, it encompasses interests as defined by political parties, provided...

Source-derived case information.

Citation
[2012] KEHC 5555 (KLR)
Parties
Applicant: Micah Kigen, Hassan Omar Hassan, Eliud Owalo (suing as Chairman, Deputy and Secretary General of Friends of Raila [FORA] 2012); Applicant: Commission for the Implementation of the Constitution; Respondent: Attorney General; Respondent: Independent Electoral and Boundaries Commission; Respondent: Party of National Unity; Respondent: Alliance Party of Kenya; Respondent: Kenya Paraplegic Organisation
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 November 2012
Case Number
Petition 268 & 398 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petitions dismissed. No orders as to costs.
Legal Topics
Representation of Special Interests, Interpretation of Constitution, Party List Nominations, Affirmative Action, Rights of Minorities, Role of Political Parties
Source Language
english
Constitutional Law Civil Procedure Representation of Special Interests Interpretation of Constitution Party List Nominations Affirmative Action Rights of Minorities Role of Political Parties

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Parties

Micah Kigen, Hassan Omar Hassan, Eliud Owalo (suing as Chairman, Deputy and Secretary General of Friends of Raila [FORA] 2012)

Applicant

Commission for the Implementation of the Constitution

Applicant

Attorney General

Respondent

Independent Electoral and Boundaries Commission

Respondent

Party of National Unity

Respondent

Alliance Party of Kenya

Respondent

Kenya Paraplegic Organisation

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether section 34(9) of the Elections Act as amended by Legal Notice No. 142 of 2011 is inconsistent with the Constitution.
  2. 2 Whether section 34(9) of the Elections Act contravenes fundamental rights or freedoms of the petitioners.
  3. 3 Whether the National Assembly and Attorney General are under a constitutional duty to consult the Commission for the Implementation of the Constitution under section 5(6) of the Sixth Schedule.

Ratio Decidendi

The court found that section 34(9) of the Elections Act, as amended, is not inconsistent with Article 97(1)(c) of the Constitution. The term 'special interests' is broad and not confined to the specific groups listed in Article 97(1)(c); rather, it encompasses interests as defined by political parties, provided constitutional minimums for representation of women, youth, persons with disabilities, and marginalized groups are met. The Constitution gives primacy to political parties as vehicles for representation and political rights, and their autonomy in defining special interests is protected. The inclusion of Presidential and Deputy Presidential candidates in party lists does not...

Court Disposition

Petitions dismissed. No orders as to costs.

Orders

  • Petition No. 268 of 2012 and Petition No. 389 of 2012 are dismissed.
  • No order as to costs.