[2013] KEHC 5225 (KLR)
The court found that the IEBC Tribunal had considered the applicant's complaint and dismissed it for want of evidence. Upon review of the material before it, the court was satisfied that the tribunal had dealt with the matter in accordance with the law and detected no departure from legal principles. Consequently,...
Source-derived case information.
- Citation
- [2013] KEHC 5225 (KLR)
- Parties
- Applicant: Michael Mungai; Respondent: Ford Kenya Elections and Nominations Board & Others; Respondent: Independent Electoral and Boundaries Commission; Interested Party: Jeffrey M Maloba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 53 of 2013
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed
- Judges
- DAS Majanja, CC Kipkorir, GV Odunga
- Legal Topics
- Party Nominations, Candidate Certification, Electoral Tribunal Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mungai
Applicant
Ford Kenya Elections and Nominations Board & Others
Respondent
Independent Electoral and Boundaries Commission
Respondent
Jeffrey M Maloba
Interested Party
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant was entitled to be issued with a nomination certificate by Ford Kenya for the Embakasi Central Parliamentary seat.
- 2 Whether the IEBC and Ford Kenya should replace the interested party's name with the applicant's in the list of nominees.
- 3 Whether there were irregularities in the party primary justifying court intervention.
Ratio Decidendi
The court found that the IEBC Tribunal had considered the applicant's complaint and dismissed it for want of evidence. Upon review of the material before it, the court was satisfied that the tribunal had dealt with the matter in accordance with the law and detected no departure from legal principles. Consequently, there was no justification for the court to interfere with the tribunal's decision or to grant the orders sought by the applicant.
Court Disposition
application dismissed
Orders
- Application dated 30th January 2013 is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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MICHAEL MUNGAI ..............................................................................................................APPLICANT
AND
FORD KENYA ELECTIONS AND NOMINATIONS BOARD & OTHERS..............1ST RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION.....................2ND RESPONDENT
JEFFREY M MALOBA ..........................................................................................INTERESTED PARTY
JUDGMENT
1. We heard the Notice of Motion dated 30th January 2013 on 1st February 2013, we made the following order, “Application dated 30th January 2013 is dismissed with no order as to costs. Reasons to be given on 5th February 2013 at 2. 30 pm.”We now proffer our reasons.
2. The applicant, Michael Mungai, seeks the following orders in the application.
(a)That the application be certified urgent for disposal in the first instance.
(b)The Hon Court order Ford Kenya to issue Michael Munai Mungai with a certificate of nomination to vie for the Embakasi Central Parliamentary seat on a Ford Kenya ticket.
(c)The Hon Court order the IEBC and Ford Kenya to replace the name of Mr Jeffrey M Maloba with the name of Michael Munai Mungai in the list of Ford Kenya Nominees.
(d)That the Hon Court extend the time for presentation of the nomination documents to grant the applicant against Ford Kenya, interested party and the IEBC be provided for.
3. In essence, Michael Mungai contends that he is the proper Ford Kenya candidate for Embakasi Central constituency. He alleges irregularities in the party primary on 11th January 2013. The applicant filed a complaint before the IEBC Tribunal and the complaint was dismissed for want of evidence.
4. We have considered the material before us and the proceedings before the IEBC Tribunal and we are satisfied that the tribunal dealt with the matter according to the law. We do not detect any departure from legal principles hence there is no reason to interfere from the decisions.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE
W. KORIR
JUDGE
G. V. ODUNGA
JUDGE