[2013] KEHC 5545 (KLR)
The court found that the petition was filed after the Independent Electoral and Boundaries Commission had already gazetted the nominated county assembly members in compliance with a prior court order. As such, the petition was time barred and had been overtaken by events. The court held that it could not grant any...
Source-derived case information.
- Citation
- [2013] KEHC 5545 (KLR)
- Parties
- Applicant: National Vision Party; Applicant: Sarah Mohamed Ali; Respondent: Independent Electoral and Boundaries Commission; Respondent: Nesthee Bare Elmi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 373 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection/time Bar
- Outcome
- petition struck out as time barred and overtaken by events
- Judges
- DAS Majanja
- Legal Topics
- Elections, Nomination of County Assembly Members, Time Bar, Gazettement of Nominees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Vision Party
Applicant
Sarah Mohamed Ali
Applicant
Independent Electoral and Boundaries Commission
Respondent
Nesthee Bare Elmi
Respondent
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/time Bar
Legal Issues
- 1 Whether the petition challenging the nomination of county assembly members was filed within the prescribed time limits.
- 2 Whether the gazettement of nominated members rendered the petition moot.
Ratio Decidendi
The court found that the petition was filed after the Independent Electoral and Boundaries Commission had already gazetted the nominated county assembly members in compliance with a prior court order. As such, the petition was time barred and had been overtaken by events. The court held that it could not grant any effective relief, and therefore struck out the petition without making any order as to costs.
Court Disposition
petition struck out as time barred and overtaken by events
Orders
- The petition is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION 373 OF 2013
BETWEEN
NATIONAL VISION PARTY.................................1ST PETITIONER
SARAH MOHAMED ALI ..................................... 2ND PETITIONER
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ........................ 1ST RESPONDENT
NESTHEE BARE ELMI .................................... 2ND RESPONDENT
RULING
In the decision in Magdalene Mbogori & Others v IEBCPetition No. 319 of 2013 (Unreported)the Court(Mumbi Ngugi, D. Majanja, W. Korir JJ),on the 4th of July 2013, directed, inter alia, as follows;
That the Independent Electoral and Boundaries Commission is directed to gazette the names of all County Assembly Members nominated in accordance with the provisions of sections 34 and 35 of the Elections Act, 2011 except the names affected by the cases filed in the High Court on 4th July 2013 and subject to pending decisions of the High Court on 12th July 2013.
In compliance with the said order, the Independent Electoral and Boundaries Commission has now gazetted the nominated members the County Assembly through Gazette Notice No. 9794 dated 16th July 2013.
It is now clear that the petition filed herein on 18th July 2013 is time barred and has been overtaken by events. Accordingly the petition is struck out with no order as to costs.
DATED and DELIVERED at NAIROBI this 22nd July 2013
D.S. MAJANJA
JUDGE