[2013] KEHC 5704 (KLR)
The court found that the United Democratic Forum party had the authority to prepare and submit its nomination list for special interest seats, and Muslima Dida was confirmed as number one on that list. The IEBC acted within its mandate in considering and dismissing the applicant's complaint, as the party list was...
Source-derived case information.
- Citation
- [2013] KEHC 5704 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral & Boundaries Commission; Respondent: Muslima Dida; Interested Party: United Democratic Forum; Applicant: Beatrice Nyaboke Oisebe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 215 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party Nominations, Electoral Disputes, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Independent Electoral & Boundaries Commission
Respondent
Muslima Dida
Respondent
United Democratic Forum
Interested Party
Beatrice Nyaboke Oisebe
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the nomination of Muslima Dida as the special interest nominee for Kisii County was lawful.
- 2 Whether the United Democratic Forum party list was properly constituted and submitted.
- 3 Whether the Independent Electoral & Boundaries Commission acted within its mandate in dismissing the applicant's complaint.
Ratio Decidendi
The court found that the United Democratic Forum party had the authority to prepare and submit its nomination list for special interest seats, and Muslima Dida was confirmed as number one on that list. The IEBC acted within its mandate in considering and dismissing the applicant's complaint, as the party list was properly constituted and submitted. There was no legal basis to impugn the IEBC's decision or the nomination process. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- There is 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 NAIROBI
JR CASE NO 215 OF 2013
REPUBLIC ……....……………….………………..…………………………………..APPLICANT
VERSUS
INDEPENDENT ELECTORAL &
BOUNDARIES COMMISSION …….………………………………………….1ST RESPONDENT
MUSLIMA DIDA …………….……………………….……..………………….2ND RESPONDENT
AND
UNITED DEMOCRATIC FORUM ….….....……………………………………INTERESTED PARTY
BEATRICE NYABOKE OISEBE...............................................................................................Ex-parte
JUDGMENT
The applicant is aggrieved by the nomination of the 2nd respondent as the special interest (minorities) nominee for Kisii County. She asserts that the nominee does not come from Kisii and should not have been the nominee for the United Democratic Forum party in Kisii. The applicant states that she was no 1. On the UDF Party list for Kisii and should have been the party’s nominee. The lodged complaint No IEBC/DRC/PL/130/2013 which was dismissed.
The respondent’s position is that it heard the applicant’s complaint, in which the applicant sought the removal of Muslima Dida as the UDF nominee. The respondent dismissed the complaint as the nominee was placed at No. 1 in the gender top up list.
The interested party supported the position of the IEBC that she has properly nominated.
Determination
Having read the pleadings by the applicant and the respondent, and heard their submissions, we take the view that there is no basis for impugning the decision of the respondent. The nominee was in the party’s list as number 1 a fact that was confirmed by the Advocate for the party according to the decision of the IEBC dated 7th June 2013. The list was submitted by the party which had the core mandate to prepare the lists for party nominations. In the circumstances, this application must fail. It is hereby dismissed with no order as to costs.
Dated, Delivered and Signed at Nairobi this 12th day of July 2013
MUMBI NGUGI D. S. MAJANJA WELDON KORIR
JUDGE JUDGE JUDGE