[2017] KECA 468 (KLR)
The Court of Appeal found that the nomination of Elius Otieno Okumu as the ODM candidate for Kileleshwa Ward was not conducted in accordance with the party's Constitution and Nomination Rules. The High Court erred in upholding the nomination despite procedural irregularities. The appellate court determined that the...
Source-derived case information.
- Citation
- [2017] KECA 468 (KLR)
- Parties
- Appellant: Perpetua Mponjiwa; Respondent: Elius Okumu Otieno; Respondent: The Orange Democratic Movement (ODM) Special County Appeals Tribunal; Respondent: Mary Victoria; Respondent: The Returning Officer Kileleshwa Ward; Respondent: The Independent Electoral and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 176 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- RN Nambuye, DK Musinga
- Legal Topics
- Party Nominations, Electoral Tribunals, Nomination Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Perpetua Mponjiwa
Appellant
Elius Okumu Otieno
Respondent
The Orange Democratic Movement (ODM) Special County Appeals Tribunal
Respondent
Mary Victoria
Respondent
The Returning Officer Kileleshwa Ward
Respondent
The Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in upholding the nomination of Elius Otieno Okumu as ODM candidate for Kileleshwa Ward.
- 2 Whether the nomination process complied with the ODM party Constitution and Nomination Rules.
- 3 Whether the ODM party should conduct a fresh nomination for the Kileleshwa Ward seat.
Ratio Decidendi
The Court of Appeal found that the nomination of Elius Otieno Okumu as the ODM candidate for Kileleshwa Ward was not conducted in accordance with the party's Constitution and Nomination Rules. The High Court erred in upholding the nomination despite procedural irregularities. The appellate court determined that the only just remedy was to set aside both the High Court's judgment and the nomination, and to direct the ODM party to conduct a fresh nomination exercise in strict compliance with its governing documents. The court emphasized the importance of internal party democracy and adherence to established procedures in the nomination of candidates for elective office.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The judgment of the High Court delivered on 16th May, 2017 and affirmed on 31st May, 2017 is set aside.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, MUSINGA & GATEMBU, JJA)
CIVIL APPEAL NO.176 OF 2017
BETWEEN
PERPETUA MPONJIWA...................................................................APPELLANT
VERSUS
ELIUS OKUMU OTIENO........................................................1STRESPONDENT
THE ORANGE DEMOCRATIC MOVEMENT (ODM)
SPECIAL COUNTY APPEALS TRIBUNAL….........................2NDRESPONDENT
MARY VICTORIA...................................................................3RDRESPONDENT
THE RETURNING OFFICER KILELESHWA WARD................4THRESPONDENT
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION...............................................5THRESPONDENT
(Appeal from the Judgment and Ruling of the High Court of Kenya at Nairobi (Kimaru, J) Dated 16thMay, 2017 & 30thMay,2017 in Election Petition No. 30 of 2017)
****************
JUDGMENT OF THE COURT
The consolidated appeals were exhaustively argued before us by learned counsel on board for the respective parties on the 21st day of June, 2017. We have accordingly considered the record in totality, in the light of the rival submissions by the said respective learned counsel, and the authorities relied upon by either side in support of their respective submissions, and for the reasons that we shall give on the 28th July, 2017, we hereby make the following orders:
1. The Appeal be and is hereby allowed.
2. The Judgment of the Hon. Mr. Justice Luka Kimaru, J delivered on the 16th day of May, 2017 and as affirmed by him on the 31st day of May, 2017 be and is hereby set aside.
3. The nomination of Elius Otieno Okumu, the first respondent, as the Orange Democratic Movement Party’s candidate for the position of County Assembly representative for Kileleshwa Ward, Nairobi County, pursuant to the order of Kimaru, J. of 16th May, 2017 and as affirmed on the 31st day of May, 2017 be and is hereby set aside.
4. The Democratic Movement party, the 2nd respondent, is hereby directed to conduct fresh nomination exercise for the position of County Assembly representative for Kileleshwa ward in accordance with the party’s current Constitution, Election and Nomination Rules within 48 hours from 4. 00pm today.
5. Each Party to bear their own costs.
DATED AND DELIVERED AT NAIROBI THIS 23RDDAY OF JUNE, 2017
R.N. NAMBUYE
…………………………...……………………
JUDGE OF APPEAL
D.K. MUSINGA
…………….………………….………………
JUDGE OF APPEAL
S. GATEMBU KAIRU FCIArb
………………………………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR.