[2013] KEHC 6217 (KLR)
The court found that the Respondent acted within its legal mandate by requiring TNA to resubmit its party list to ensure compliance with the law and guidelines. The inclusion of the Interested Party, representing the Yiaku minority, was justified under the constitutional and statutory framework for representation of...
Source-derived case information.
- Citation
- [2013] KEHC 6217 (KLR)
- Parties
- Applicant: Margaret Wambui Kamau; Respondent: The Independent Electoral and Boundaries Commission; Interested Party: Jennifer Koinante Kitarpei; Respondent: The National Alliance Party (TNA)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 207 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party List Nomination, Representation of Minorities, Electoral Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wambui Kamau
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Jennifer Koinante Kitarpei
Interested Party
The National Alliance Party (TNA)
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Respondent breached Article 90 of the Constitution, sections 34-36 of the Elections Act, and Regulations 56-58 of the Elections (General) Regulations, 2012 in accepting the resubmitted party list.
- 2 Whether the Applicant is entitled to orders of certiorari and mandamus to quash the Committee's decision and compel replacement of the Interested Party's name with hers.
Ratio Decidendi
The court found that the Respondent acted within its legal mandate by requiring TNA to resubmit its party list to ensure compliance with the law and guidelines. The inclusion of the Interested Party, representing the Yiaku minority, was justified under the constitutional and statutory framework for representation of marginalized groups. There was no breach of Article 90 of the Constitution, the Elections Act, or the relevant Regulations. The Applicant failed to demonstrate any illegality or procedural impropriety in the Respondent's actions. Consequently, there were no grounds to grant the orders of certiorari or mandamus sought by the Applicant.
Court Disposition
application dismissed
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 207 OF 2013
MARGARET WAMBUI KAMAU......................................APPLICANT
VERSUS
THE INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION............................RESPONDENT
JENNIFER KOINANTE KITARPEI....................INTERESTED PARTY
JUDGEMENT
Acting on directions given to it by the Respondent, the Independent Electoral and Boundaries Commission, the National Alliance Party (TNA) resubmitted a list under cover of a letter dated 30th April, 2013. In the resubmitted list the name of the Interested Party, Jeniffer Koinante Kitarpei had replaced that of the Applicant, Margaret Wambui Kamau.
The Applicant was aggrieved by the action of her party and filed COMPLAINT NO. IEBC/NDRC/PL/52/2013–MARGARET W KAMAU v TNA before the Respondent’s Disputes Resolution Committee. Her complaint was dismissed by the Committee in a ruling dated 7th June, 2013 and in doing so the Committee agreed with TNA’s argument that the Interested Party had been picked to represent a rare community.
The Applicant being dissatisfied with the Respondent’s decision has now filed these proceeding seeking an order of certiorari to quash the Committee’s decision and an order of mandamus to compel the Respondent to replace the name of the Interested Party with her name. Her main complaint is that the Respondent breached the provisions of Article 90 of the Constitution, sections 34-36 of the Elections Act, 2011 and Regulations 56-58 of the Elections (General) Regulations, 2012 (the Regulations).
The Respondent opposed the application through the replying affidavit sworn on 4th July, 2013 by its Legal Officer, Mr. Moses Kipkogei. Although TNA was not named as a party to these proceedings TNA party’s advocate Ms Milimu appeared at the hearing and opposed the application. TNA was a necessary party to these proceedings and we found Ms Milimu’s representation of the party justified.
The Respondent and TNA submitted that the Respondent did not breach any law in accepting and acting on the list resubmitted by TNA. They also argued that the inclusion of the name of the Interested Party in the resubmitted list was so that a super minority community known as the Yiaku could be represented in Laikipia County Assembly.
Upon considering the submissions herein we hold as follows:-
The Respondent is mandated by the law to ensure that the lists submitted to it by the parties comply with the provisions of the law. Where it finds that a list does not comply with the provisions of the Constitution and the law, it is mandated to return the list to a political party and ask the party to resubmit a new list in compliance with the guidelines given by the Respondent–see Regulation 55 of the Regulations.
The Respondent and TNA acted in accordance with the law in regard to the TNA list for Laikipia County Assembly.
For the foregoing reasons, we find no grounds for the grant of the orders sought. This application is therefore dismissed with no order as to costs.
Dated, signed and delivered at Nairobi this 12th day of July, 2013
MUMBI NGUGI, D. S. MAJANJA, W. K. KORIR,
JUDGE JUDGE JUDGE