[2022] KEHC 16615 (KLR)

[2022] KEHC 16615 (KLR)

The High Court lacks jurisdiction to entertain judicial review proceedings challenging the gazettement of nominated members to the county assembly. The Supreme Court and Court of Appeal have authoritatively held that such disputes, being part of the election process, can only be challenged by way of an election petition before the designated election court (Magistrate’s Court) after gazettement. The applicants' invocation of constitutional and administrative law remedies is misplaced, as the legal framework and binding precedent require strict adherence to the electoral dispute resolution mechanisms. The application for leave to apply for judicial review orders is therefore incompetent...

Citation
[2022] KEHC 16615 (KLR)
Parties
Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Respondent: Orange Democratic Movement; Interested Party: Dorothy Awino Oinga; Interested Party: Fredrick Odhiambo Oloo; Interested Party: Ann Wanzila Oloo; Interested Party: Shalom Oduor Otieno; Applicant: Parent Multi Purpose Development Group; Applicant: Japheth Manyala
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
20 December 2022
Case Number
Judicial Review Application E006 of 2022
Procedural Posture
Judicial Review Application / Ruling on Ex Parte Application for Leave to Apply for Judicial Review Orders
Outcome
Application dismissed for want of jurisdiction.
Judges
RE Aburili
Legal Topics
Jurisdiction of High Court, Election Dispute Resolution, Party List Nominations, Gazettement of Elected Members
Source Language
English
Constitutional Law Administrative Law Election Petitions Jurisdiction of High Court Election Dispute Resolution Party List Nominations Gazettement of Elected Members

Case Brief

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Parties

Republic

Applicant

Independent Electoral and Boundaries Commission

Respondent

Orange Democratic Movement

Respondent

Dorothy Awino Oinga

Interested Party

Fredrick Odhiambo Oloo

Interested Party

Ann Wanzila Oloo

Interested Party

Shalom Oduor Otieno

Interested Party

Parent Multi Purpose Development Group

Applicant

Japheth Manyala

Applicant

Procedural Posture

Judicial Review Application / Ruling on Ex Parte Application for Leave to Apply for Judicial Review Orders

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a judicial review application challenging the gazettement of nominated members to the county assembly.
  2. 2 Whether nomination disputes after gazettement can be resolved by judicial review or only by election petition.
  3. 3 Whether the applicants have established a prima facie case for grant of leave to apply for judicial review orders.

Ratio Decidendi

The High Court lacks jurisdiction to entertain judicial review proceedings challenging the gazettement of nominated members to the county assembly. The Supreme Court and Court of Appeal have authoritatively held that such disputes, being part of the election process, can only be challenged by way of an election petition before the designated election court (Magistrate’s Court) after gazettement. The applicants' invocation of constitutional and administrative law remedies is misplaced, as the legal framework and binding precedent require strict adherence to the electoral dispute resolution mechanisms. The application for leave to apply for judicial review orders is therefore incompetent...

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • Leave to apply for judicial review orders is declined.
  • The application dated December 5, 2022 is dismissed.