[2013] KEHC 6234 (KLR)
The court found that the issues raised in this judicial review application were identical to those already determined in Nairobi HC Constitutional Petition No. 297 of 2013, which concerned the nomination of Rahab Nkure Nentaya by the Kenya National Congress to the Narok County Assembly. The court adopted its...
Source-derived case information.
- Citation
- [2013] KEHC 6234 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Respondent: Kenya National Congress; Applicant: Jullie Timpiyian Lemuta; Interested Party: Rahab Nkure Nentaya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 237 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Nomination Disputes, Qualification of Candidates, Electoral Commission Powers
- 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
Kenya National Congress
Respondent
Jullie Timpiyian Lemuta
Applicant
Rahab Nkure Nentaya
Interested Party
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether Rahab Nkure Nentaya was qualified to be nominated by the 2nd Respondent to the Narok County Assembly.
- 2 Whether the 1st Respondent acted lawfully in dismissing the Applicant's complaint regarding the nomination process.
Ratio Decidendi
The court found that the issues raised in this judicial review application were identical to those already determined in Nairobi HC Constitutional Petition No. 297 of 2013, which concerned the nomination of Rahab Nkure Nentaya by the Kenya National Congress to the Narok County Assembly. The court adopted its reasoning from the earlier petition, noting that the applicant's name was never submitted to the Independent Electoral and Boundaries Commission by the 2nd Respondent, and that the applicant's complaint had already been found untenable and dismissed by the 1st Respondent. Accordingly, the court dismissed the judicial review proceedings, finding no basis to disturb the previous...
Court Disposition
application dismissed
Orders
- The judicial review proceedings are dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 237 OF 2013
REPUBLIC.............................................................................APPLICANT
VERSUS
THE INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION........................1ST RESPONDENT
KENYA NATIONAL CONGRESS ...........................2ND RESPONDENT
RAHAB NKURE NENTAYA...................................INTERESTED PARTY
EX-PARTE-JULLIE TIMPIYIAN LEMUTA
JUDGMENT
At the conclusion of the submissions in the matter, Mr. Macharia for the Kenya National Congress (the 2nd Respondent) pointed to us that this matter is related to NAIROBI HC CONSTITUTIONAL PETITION NO. 297 OF 2013 ANNE LANOI KERIAH V KENYA NATIONAL CONGRESS & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION. In the said matter Rahab Nkure is an Interested Party. We have perused the said petition and we agree with Mr. Macharia that this matter and PETITION NO. 297 OF 2013 are indeed targeted at the nomination of Rahab Nkure by the 2nd Respondent to the Narok County. The issues raised in this matter are similar to those raised in PETITION 297 OF 2013 to wit that Rahab Nkure was not qualified to be nominated by the 2nd Respondent to Narok County Assembly.
This matter relates to COMPLAINT NO. IEBC/NDRC/PL/205/2013- JULIET TIMPIYAN LEMUTA V. KNCwhich was before the 1st Respondent, the Independent Electoral and Boundaries Commission (IEBC). After hearing the dispute the 1st Respondent concluded that the Applicant’s name was never submitted to it by the 2nd Respondent. Her application was found to be untenable and dismissed.
Since the issues raised in this matter are the same with those in PETITION 297 OF 2013, we adopt our reasoning in the said petition and dismiss these judicial review proceedings with no order as to costs.
Dated, signed and delivered at Nairobi this 12th day of July, 2013
MUMBI NGUGI, D. S. MAJANJA, W. K. KORIR,
JUDGE JUDGE JUDGE