[2013] KEHC 5199 (KLR)
The court found that although the petitioner claimed to be the bona fide nominee based on the party tribunal's decision, the nomination process had already been completed. The law provides an alternative remedy for challenging the returning officer's decision, which the petitioner had not exhausted. The existence of...
Source-derived case information.
- Citation
- [2013] KEHC 5199 (KLR)
- Parties
- Petitioner: Peter Kamau Nyutu; Respondent: Independent Electoral and Boundaries Commission; Respondent: The National Alliance Party (TNA); Respondent: Njoroge Kairu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 68 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- DAS Majanja
- Legal Topics
- Party Nominations, Alternative Remedies, Electoral Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau Nyutu
Petitioner
Independent Electoral and Boundaries Commission
Respondent
The National Alliance Party (TNA)
Respondent
Njoroge Kairu
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner was entitled to be recognized as the bona fide nominee for the County Representative Seat for Woodley Ward, Kibra Constituency.
- 2 Whether the National Alliance Party was bound to comply with its Nomination Appeal Tribunal decision.
- 3 Whether the existence of an alternative remedy precluded the court from granting relief.
Ratio Decidendi
The court found that although the petitioner claimed to be the bona fide nominee based on the party tribunal's decision, the nomination process had already been completed. The law provides an alternative remedy for challenging the returning officer's decision, which the petitioner had not exhausted. The existence of this efficacious alternative remedy precluded the court from granting the relief sought. The court therefore declined to allow the petition, emphasizing the importance of following the prescribed statutory dispute resolution mechanisms before seeking judicial intervention.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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PETER KAMAU NYUTU.........................................................................................PETITIONER
AND
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION .......1ST RESPONDENT
THE NATIONAL ALLIANCE PARTY (TNA) .............................................2ND RESPONDENT
NJOROGE KAIRU ......................................................................................3RD RESPONDENT
JUDGMENT
The petitioner contends that he was the bona fide nominee of the County Representative Seat, Woodley Ward Kibra Constituency by virtue of the National Alliance Party Nomination Appeal Tribunal decision dated 21st January 2013. Unfortunately, the party did not comply with its Appeal Tribunal directive. The petitioner now seeks relief from this court.
I take judicial notice of the fact that the nomination is now complete and the law permits the retuning officer’s decision to be challenged. As there is an efficacious alternative remedy, I decline to allow the petition.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE