[2013] KEHC 5636 (KLR)
The court found that the applications and petitions lacked merit because the original nomination list submitted by URP to IEBC within the statutory period did not include Jane Cheperenger Ingo, and Irene Kimutai Chesang’ was properly listed. The court held that the decision as to who appears on the party list is a...
Source-derived case information.
- Citation
- [2013] KEHC 5636 (KLR)
- Parties
- Applicant: Jane Cheperenger Ingo; Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission (Nomination Dispute Resolution Committee); Respondent: Irene Chemutai Chesang; Petitioner: Ali Mohammed Osman; Respondent: United Republican Party; Respondent: Independent Electoral and Boundaries Commission; Respondent: Irene Kimutai Chesang’; Petitioner: Susan Chepkosgei Ndiema
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 216 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- applications and petitions dismissed
- Legal Topics
- Party Nominations, Electoral Disputes, Nomination Lists, Jurisdiction of Electoral Bodies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Cheperenger Ingo
Applicant
Republic
Applicant
Independent Electoral and Boundaries Commission (Nomination Dispute Resolution Committee)
Respondent
Irene Chemutai Chesang
Respondent
Ali Mohammed Osman
Petitioner
United Republican Party
Respondent
Independent Electoral and Boundaries Commission
Respondent
Irene Kimutai Chesang’
Respondent
Susan Chepkosgei Ndiema
Petitioner
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the inclusion of Irene Kimutai Chesang’ on the URP gender top up list was lawful.
- 2 Whether the IEBC Dispute Resolution Committee erred in dismissing the complaints regarding the nomination list.
- 3 Whether the court has jurisdiction to intervene in party nomination decisions.
Ratio Decidendi
The court found that the applications and petitions lacked merit because the original nomination list submitted by URP to IEBC within the statutory period did not include Jane Cheperenger Ingo, and Irene Kimutai Chesang’ was properly listed. The court held that the decision as to who appears on the party list is a matter for the party and not for judicial intervention, unless there is a clear breach of law, which was not established in this case. The IEBC Dispute Resolution Committee acted within its mandate and on the basis of the material before it. The court further noted that URP was entitled to only one nomination slot, and the membership disputes raised were not germane to the...
Court Disposition
applications and petitions dismissed
Orders
- The petitions and applications are dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JR NO. 216 OF 2013
BETWEEN
REPUBLIC ........................................................................ APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION (NOMINATION
DISPUTE RESOLUTION COMMITTEE) ............. 1ST RESPONDENT
IRENE CHEMUTAI CHESANG ............................ 2ND RESPONDENT
EXPARTE
JANE CHEPERENGER INGO
CONSOLIDATED WITH PETITION 259 OF 2013
BETWEEN
ALI MOHAMMED OSMAN .............................................. PETITIONER
AND
UNITED REPUBLICAN PARTY ………................. 1ST RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION .............................. 2ND RESPONDENT
IRENE KIMUTAI CHESANG’ ................................. 3RD RESPONDENT
CONSOLIDATED WITH PETITION 307 OF 2013
BETWEEN
SUSAN CHEPKOSGEI NDIEMA ........................................ PETITIONER
AND
UNITED REPUBLICAN PARTY ............................... 1ST RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ................................ 2ND RESPONDENT
JUDGMENT
These matters were consolidated as they deal with the United Republican Party (“URP”) lists for nomination to the Bungoma County Assembly.
In JR No. 216 of 2013, the applicant, Jane Cheperenger Ingo, contests the inclusion of Irene Kimutai Chesang’ on the gender top up list. According to the material before us, Jane Ingo’s name was submitted to the party headquarters in Nairobi for onward transmission to IEBC for nomination. It was therefore shocking that when the list of nominees was published on 4th May 2013, her name was missing and that of Irene Kimutai Chesang’ was on the list. Her complaint to the IEBC Dispute Resolution Committee (“the Committee”) was dismissed without reasons.
In Petition No. 259 of 2013, the petitioner states that URP forwarded his name to be nominated as a County Assembly member for Bungoma County. He claims that Irene Kimutai Chesang’ should not be gazetted as she is not a party member and that URP has disowned her as a party member. The complaint lodged by the petitioner was dismissed by the Committee.
In Petition No. 307 of 2013, Susan Chepkosgey Ndiema also contests the membership of Irene Kimutai Chesang’ as a member of URP and she seeks to be gazetted as the duly nominated member of Bungoma County Assembly. The Committee dismissed the complaint.
According to the deposition filed on behalf of IEBC, URP submitted its original list on 30th January 2013, Irene Kimutai Chesang’ was named first on the list while Ndiema Susan Chepkosgei was third on the list while Jane Cheperenger Ingo did not appear on the list. The position of the respondent is that Committee’s decision cannot be faulted on the basis of the material before it as it acted on the basis of the list submitted by the IEBC within the statutory period under section 35 of the Elections Act, 2011.
We agree that the application and petitions lack merit. Whether or not Susan Ndiema is a member of another party is not germane as URP is only entitled to one slot. As regards Jane Ingo, her name was not on the original list submitted within the statutory period to IEBC. As to whether Ms Irene Kimutai Chesang’ was entitled to be on the URP list was really a matter for the party to decide and therefore outside the jurisdiction of the party to intervene.
The petitions and applications are dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013.
MUMBI NGUGI D.S. MAJANJA W. K. KORIR
JUDGE JUDGE JUDGE