[2013] KEHC 5208 (KLR)
The court held that the applicant had an effective alternative remedy under Article 88(4)(e) of the Constitution and section 74 of the Elections Act, which provide for the resolution of electoral disputes through the mechanisms established by the Independent Electoral and Boundaries Commission. Since the applicant...
Source-derived case information.
- Citation
- [2013] KEHC 5208 (KLR)
- Parties
- Applicant: Oliver Lemachon Oleseki; Respondent: The Returning Officers Kajiado; Respondent: Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 81 of 2013
- Procedural Posture
- Election Petition / Ruling on Preliminary Objection
- Outcome
- petition dismissed
- Judges
- DAS Majanja
- Legal Topics
- Nomination Disputes, Jurisdiction of Election Bodies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oliver Lemachon Oleseki
Applicant
The Returning Officers Kajiado
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Election Petition / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition challenging the returning officer's decision to reject nomination papers.
- 2 Whether the petitioner had an effective alternative remedy under the Elections Act and related rules.
Ratio Decidendi
The court held that the applicant had an effective alternative remedy under Article 88(4)(e) of the Constitution and section 74 of the Elections Act, which provide for the resolution of electoral disputes through the mechanisms established by the Independent Electoral and Boundaries Commission. Since the applicant had not exhausted these remedies, the High Court declined to entertain the petition. The petition was dismissed on the basis that the statutory dispute resolution process must be followed before approaching the court.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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OLIVER LEMACHON OLESEKI..............................................................................APPLICANT
AND
THE RETURNING OFFICERS KAJIADO......................................................1ST RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION .........2ND RESPONDENT
RULING
I have considered the petition and it is grounded on the decision of the Retuning officer evidenced by the Form 16 where he endorsed, “Not cleared since he arrived past 4. 00pm (10 minutes late).”The petitioner’s contention is that the returning officer’s decision endorsed is not true as he was already at the centre. He now seeks relief from this court. In view of the returning officer’s decision, the proper remedy is to appeal against the decision to reject his papers under the provision of Article 88(4)(e) as read with section 74 of the Elections Actand the Rules onSettlement of Disputes.
As there is an effective remedy, I decline to entertain this petition and it is consequently dismissed with no order as to costs.
DatedandDelivered at Nairobithis 7th February 2013
D.S. MAJANJA
JUDGE