[2017] KEHC 8846 (KLR)
The court found that due to inconsistencies and the inability to determine who was the actual nominee based on the evidence and affidavits from presiding officers, the will of the people of Kiru Ward could not be established. Consequently, the court held that there was no validly elected candidate and that the only...
Source-derived case information.
- Citation
- [2017] KEHC 8846 (KLR)
- Parties
- Appellant: Michael Githii Gakungu; Respondent: Mbogo John Joseph Njuguna; Respondent: Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 81 of 2017
- Procedural Posture
- Election Petition / Appeal Judgment
- Outcome
- Judgment of the Political Parties Disputes Tribunal set aside; fresh nominations ordered.
- Judges
- J Wakiaga
- Legal Topics
- Party Nominations, Electoral Process, Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Michael Githii Gakungu
Appellant
Mbogo John Joseph Njuguna
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Election Petition / Appeal Judgment
Legal Issues
- 1 Whether the nomination process for Kiru Ward was conducted in a manner that reflected the will of the people.
- 2 Whether there was a validly elected candidate for Kiru Ward member of County Assembly.
- 3 Whether the Political Parties Disputes Tribunal's decision declaring the respondent as the nominee was valid.
Ratio Decidendi
The court found that due to inconsistencies and the inability to determine who was the actual nominee based on the evidence and affidavits from presiding officers, the will of the people of Kiru Ward could not be established. Consequently, the court held that there was no validly elected candidate and that the only fair remedy was to set aside the Political Parties Disputes Tribunal's judgment and order a fresh nomination exercise to ensure the democratic process was upheld.
Court Disposition
Judgment of the Political Parties Disputes Tribunal set aside; fresh nominations ordered.
Orders
- The Judgment of the PPDT dated 25th May, 2017 declaring Mbogo John Joseph Njuguna the duly nominated Jubilee Party of Kenya candidate for Kiru Ward member of County Assembly is hereby set aside.
- The party to conduct fresh nominations in respect of Kiru Ward within the next 72 hours.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL & HUMAN RIGHTS DIVISION
ELECTION PETITION APPEAL NO 81 OF 2017
MICHAEL GITHII GAKUNGU…..................APPLICANT/APPELLANT
VERSUS
MBOGO JOHN JOSEPH NJUGUNA ……..…....…….RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ……..…....….....INTERESTED PARTY
(Being an Appeal from the Judgment and Decree of the Political Parties Disputes Tribunal in Complaint No. 268 of 2017delivered on 25th May, 2017 at Nairobi.)
BETWEEN
MBOGO JOHN JOSEPH NJUGUNA …………........…..…CLAIMANT
VERSUS
JUBILEE PARTY OF KENYA ……..…....……....….…. RESPONDENT
FURTHER JUDGMENT
DETERMINATION
1. Further to my judgment, I called for affidavits from the Presiding Officers which have now been filed before the court. Most of the Presiding Officers have stated that most of those forms left their hands without any change. I have heard the Returning Officer who was cross examined by the Advocates herein.
2. From the documents presented before the court I am unable to determine who was the actual nominee of this nomination exercise taking into account the gap between the Appellant and the 1st Respondent in terms of votes received and therefore cannot establish the will of the people of Kiru Ward.
3. This is a matter where the party ought to carry out fresh nomination exercise in the entire ward so as to establish the will of the people.
4. In the final analysis, I hereby declare that there was no validly elected candidate in respect of the Kiru Ward of Mathioya Constituency.
5. The second Respondent is therefore directed to conduct fresh nomination exercise in Kiru Ward within the next 72 hours from the date herein and the Independent Electoral and Boundaries Commission to accept the candidate so nominated at the end of the exercise.
6. I therefore make the following orders.
1) The Judgment of the PPDT dated 25th May, 2017 declaring MBOGO JOHN JOSEPH NJUGUNA the duly nominated Jubilee Party of Kenya candidate for Kiru Ward member of County Assembly is hereby set aside.
2) The party to conduct fresh nominations in respect of Kiru Ward within the next 72 hours.
3) The candidate so nominated have his/her name forwarded and accepted by the independent electoral and boundaries commission notwithstanding any timelines in respect of the presentation of candidates
4) Each party to bear its own costs.
DATED, SIGNED and DELIVERED at Nairobi this 5th day June, 2017.
………………..
J. WAKIAGA
JUDGE
5/6/2017