[2010] KEHC 4099 (KLR)

[2010] KEHC 4099 (KLR)

The court found that the Registrar of Political Parties acted within the law by declining to register the Party of Democratic Unity due to the absence of a valid voters' register, which was a statutory prerequisite for full registration under section 23 of the Political Parties Act. The applicant was unable to comply with this requirement following the disbandment of the Electoral Commission of Kenya and the repeal of the relevant constitutional provisions. The Registrar's actions were not illegal or irregular, as they were dictated by the prevailing legal framework and the transitional period between the old and new electoral regimes. The court further held that judicial review grounds...

Citation
[2010] KEHC 4099 (KLR)
Parties
Applicant: Isaiah Gichu Ndirangu; Respondent: Registrar of Political Parties
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 February 2010
Case Number
Miscellaneous Application 377 of 2009
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Registration of Political Parties, Statutory Compliance, Transitional Provisions, Mandamus, Prohibition Orders
Source Language
English
Administrative Law Constitutional Law Judicial Review Registration of Political Parties Statutory Compliance Transitional Provisions Mandamus Prohibition Orders

Case Brief

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Parties

Isaiah Gichu Ndirangu

Applicant

Registrar of Political Parties

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the Registrar of Political Parties' decision to decline registration of the Party of Democratic Unity was illegal or irregular.
  2. 2 Whether the applicant complied with the statutory requirements for registration under the Political Parties Act and the Societies Act.
  3. 3 Whether the absence of a voters' register due to constitutional amendments prevented compliance with section 23 of the Political Parties Act.

Ratio Decidendi

The court found that the Registrar of Political Parties acted within the law by declining to register the Party of Democratic Unity due to the absence of a valid voters' register, which was a statutory prerequisite for full registration under section 23 of the Political Parties Act. The applicant was unable to comply with this requirement following the disbandment of the Electoral Commission of Kenya and the repeal of the relevant constitutional provisions. The Registrar's actions were not illegal or irregular, as they were dictated by the prevailing legal framework and the transitional period between the old and new electoral regimes. The court further held that judicial review grounds...

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated 22/7/09 is dismissed as premature and lacking in merit.
  • Each party to bear its own costs.