[2013] KEHC 5229 (KLR)
The court found that the applicant failed to provide sufficient grounds or evidence to impugn the decision of the IEBC Nomination Dispute Resolution Committee. The tribunal was entitled to dismiss the complaint for insufficient evidence and uphold the party's position that no election was held. The court scrutinized...
Source-derived case information.
- Citation
- [2013] KEHC 5229 (KLR)
- Parties
- Applicant: Michael Francis Chemonges Kitiyo; Respondent: The Independent Electoral and Boundaries Commission (IEBC); Respondent: IEBC Nomination Dispute Resolution Committee; Respondent: Ford Kenya; Respondent: Jennifer Masis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 41 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Judges
- DAS Majanja, CC Kipkorir, GV Odunga
- Legal Topics
- Nomination Disputes, Judicial Review Certiorari, Party Primary Elections
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Francis Chemonges Kitiyo
Applicant
The Independent Electoral and Boundaries Commission (IEBC)
Respondent
IEBC Nomination Dispute Resolution Committee
Respondent
Ford Kenya
Respondent
Jennifer Masis
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the 2nd respondent's decision to dismiss the applicant's complaint for insufficient evidence was lawful.
- 2 Whether the applicant was entitled to a nomination certificate from Ford Kenya for Endebes Constituency.
- 3 Whether the party's refusal to hear the applicant's complaint violated any legal rights.
Ratio Decidendi
The court found that the applicant failed to provide sufficient grounds or evidence to impugn the decision of the IEBC Nomination Dispute Resolution Committee. The tribunal was entitled to dismiss the complaint for insufficient evidence and uphold the party's position that no election was held. The court scrutinized both the application and the decision complained of and was satisfied that there were no legal grounds to quash the tribunal's decision. Consequently, the application for leave to apply for an order of certiorari was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to apply for an order of certiorari is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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MICHAEL FRANCIS CHEMONGES KITIYO .......................................................................................APPLICANT
AND
THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) ................1ST RESPONDENT
IEBC NOMINATION DISPUTE RESOLUTION COMMITTEE...............................................2ND RESPONDENT
AND
FORD KENYA ...................................................................................................................1ST INTERESTED PARTY
JENNIFER MASIS ............................................................................................................2ND INTERESTED PARTY
JUDGMENT
1. The application before the Court is a Chamber Summons dated 31st January 2013 which seeks leave to apply for an order of certiorari to quash the decision of the 2nd respondent’s decision of 28th January 2013 seeking to dismiss his complaint before the complainant’s tribunal.
2. The gravamen of the applicant’s dispute was that he was declared the winner for the Endebes Constituency Ford Kenya primary held on 17th January 2013 but the party declined to issue him with a nomination certificate but gave the 2nd interested party, Jennifer Masis a direct nomination. He also complains that the party declined to hear his complaint.
3. The applicant filed a complaint before the 2nd respondent’s complainant’s tribunal and on 28th January 2013, the tribunal dismissed the complaint for insufficient evidence and upheld the party position regarding the fact that no election was held.
4. When the matter came up for hearing on 1st February 2013, counsel for the applicant, who had appeared in court earlier, did not turn up nor did the applicant. We however scrutinised the application and the decision complained of and were satisfied that there were no grounds to impugn the decision of the board and the Board was entitled to come to the decision it did on 28th January 2013. Consequently we dismissed the application.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE
W. KORIR
JUDGE
G. V. ODUNGA
JUDGE