[2013] KEHC 5620 (KLR)
The court found that although the respondent claimed the Commissioner recused himself, there was no evidence of such recusal on the record of proceedings or in the decision. The absence of a clear record of recusal meant that the proceedings were tainted by apparent conflict of interest, undermining the integrity...
Source-derived case information.
- Citation
- [2013] KEHC 5620 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Applicant: United Republican Party; Applicant: Speaker, Baringo County Assembly; Applicant: Julius L. Lekosek Laisoi; Applicant: Rodgers Kiptoo Mutai; Applicant: Jennifer Nariamut Koipiri; Applicant: Juliana Siayon Letangule; Applicant: Stella Kalegeno; Applicant: Risper Kimaiyo Jebichi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 198 & 199 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- decisions set aside and matter remitted for fresh hearing
- Legal Topics
- Electoral Disputes, Conflict of Interest, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Independent Electoral and Boundaries Commission
Respondent
United Republican Party
Applicant
Speaker, Baringo County Assembly
Applicant
Julius L. Lekosek Laisoi
Applicant
Rodgers Kiptoo Mutai
Applicant
Jennifer Nariamut Koipiri
Applicant
Juliana Siayon Letangule
Applicant
Stella Kalegeno
Applicant
Risper Kimaiyo Jebichi
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the participation of a Commissioner with a conflict of interest in the IEBC Dispute Resolution Committee vitiated the proceedings and decisions.
- 2 Whether the recusal of the Commissioner was properly documented and effected.
Ratio Decidendi
The court found that although the respondent claimed the Commissioner recused himself, there was no evidence of such recusal on the record of proceedings or in the decision. The absence of a clear record of recusal meant that the proceedings were tainted by apparent conflict of interest, undermining the integrity and fairness required by law. Consequently, the decisions in the affected complaints were set aside and the matters remitted for fresh hearing before a differently constituted committee, excluding the Commissioner in question.
Court Disposition
decisions set aside and matter remitted for fresh hearing
Orders
- The decisions in Complaint No. IEBC/NDRC/PL/215/2013 and IEBC/NDRC/PL/216/2013 are set aside.
- The complaints shall be heard before a differently constituted Committee of the IEBC excluding Commissioner Letangule.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
JR NO. 198 OF 2013
BETWEEN
REPUBLIC .................................................................. APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ RESPONDENT
AND
UNITED REPUBLICAN PARTY ...... 1ST INTERESTED PARTY
THE SPEAKER,
BARINGO COUNTY ASSEMBLY ... 2ND INTERESTED PARTY
JULIUS L. LEKOSEK LAISOI ....... 3RD INTERESTED PARTY
EXPARTERODGERS KIPTOO MUTAI
CONSOLIDATED WITH JR NO. 199 OF 2013
BETWEEN
REPUBLIC .................................................................. APPLICANT
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ...................... 1ST RESPONDENT
AND
UNITED REPUBLICAN PARTY ...... 1ST INTERESTED PARTY
THE SPEAKER,
BARINGO COUNTY ASSEMBLY ... 2ND INTERESTED PARTY
JENNIFER NARIAMUT KOIPIRI ......3RD INTERESTED PARTY
JULIANA SIAYON LETANGULE ..... 4TH INTERESTED PARTY
STELLA KALEGENO………............ 5TH INTERESTED PARTY
EX PARTERISPER KIMAIYO JEBICHI
JUDGMENT
In the matter before us, the applicant raised the issue that the Commissioner presiding over the IEBC Dispute Resolution Committee was related to one of the parties interested in nomination to the Baringo County Assembly through the United Republican Party.
Although the respondent stated that the Commissioner recused himself from the proceedings and did not take part in the deliberations, we do not see any indication of this in the record of proceedings or the decision before us.
In the circumstances we hereby order as follows;
We hereby set aside the decisions in Complaint No. IEBC/NDRC/PL/215/2013 (Rodgers Kiptoo v URP) and IEBC/NDRC/PL/216/2013 (Risper Kimaiyo v URP)
We direct that the Complaints shall be heard before a differently constituted Committee of the IEBC excluding Commissioner Letangule.
The determination shall be made within 14 days from the date hereof.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI D.S. MAJANJA W.K. KORIR
JUDGEJUDGE JUDGE