[2013] KEHC 3039 (KLR)
The court found that the applicants were not parties to the previous proceedings upon which the Committee relied to substitute their names from the party list. As such, the Committee's reliance on those decisions, which directly affected the applicants without affording them an opportunity to be heard, was unfair...
Source-derived case information.
- Citation
- [2013] KEHC 3039 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Respondent: United Republican Party; Respondent: Monica Chebet; Applicant: Maria Kopito; Applicant: Naingu Taki; Respondent: Mary Chelagat; Respondent: Monicah Chebet Too
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 238 & 153 of 2013
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- applications allowed; committee decisions set aside; matters remitted for fresh hearing
- Legal Topics
- Party List Nominations, Electoral Dispute Resolution, Procedural Fairness, Committee Decision Review
- 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
Respondent
Monica Chebet
Respondent
Maria Kopito
Applicant
Naingu Taki
Applicant
Mary Chelagat
Respondent
Monicah Chebet Too
Respondent
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the IEBC Dispute Resolution Committee erred in substituting the applicants' names from the party list without affording them a hearing.
- 2 Whether reliance on previous decisions in which the applicants were not parties violated the applicants' right to fair administrative action.
Ratio Decidendi
The court found that the applicants were not parties to the previous proceedings upon which the Committee relied to substitute their names from the party list. As such, the Committee's reliance on those decisions, which directly affected the applicants without affording them an opportunity to be heard, was unfair and contrary to the principles of natural justice and fair administrative action. The court held that the applicants' right to be heard was violated, and that the Committee should have given them a chance to participate in the proceedings before making a decision that adversely affected their interests. Consequently, the court set aside the Committee's decisions and directed that...
Court Disposition
applications allowed; committee decisions set aside; matters remitted for fresh hearing
Orders
- The decisions in Complaints Nos. 512/2013, 574/2013, 209/2013 and 217/2013 are set aside.
- The Committee is directed to hear the matters afresh within 14 days from the date hereof.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JR NO. 238 OF 2013
BETWEEN
REPUBLIC ........................................................................ APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
UNITED REPUBLICAN PARTY ........................ 2ND RESPONDENT
MONICA CHEBET ............................................... 3RD RESPONDENT
EXPARTEMARIA KOPITO
CONSOLIDATED WITH
JR NO. 153 OF 2013
BETWEEN
REPUBLIC ........................................................................ APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................ 1ST RESPONDENT
UNITED REPUBLICAN PARTY ........................ 2ND RESPONDENT
MONICA CHEBET ............................................... 3RD RESPONDENT
EXPARTENALANGU TAKI and MARIA KOPITO
AND
MARY CHELAGAT ................................. 1ST INTERESTED PARTY
MONICAH CHEBET ............................... 2ND INTERESTED PARTY
JUDGMENT
These two applications were consolidated as they deal with the United Republic Party (URP) lists for Narok County.
In JR No. 153 of 2013, the applicant’s case is that she was on the original party list both for the gender Top up and Special seat submitted by URP to IEBC. Her name was published on 20th April 2013 as being duly nominated. After Complaint No. 512 of 2013 lodged before the IEBC Dispute Resolution Committee (”the Committee”), on 4th May 2013 her name was substituted with that of Mary Chelagat Kirui and that of Maria Kopito, the applicant in JR No. 238 of 2013 was replaced with Monica Chebet.
In JR No. 238 of 2013, the applicant complains that her name was deleted from the list and replaced with one Monica Chebet in order to take care of cultural and ethnic diversity. It is the applicant’s case that the Committee took into account extraneous considerations and that the IEBC had no justifiable cause in interfering with the priority list submitted by the political party to the IEBC.
The applicants filed Complaint Nos. 209/2013 and 217/2013 which was heard and according to the record before us, the Committee’s decision was as follows, “The matter was previously dealt with by the Tribunal in IEBC/NDRC/PL/512/2013 – GRACE NYANDO SOTHO & IEBC, NDRC/PL/574/2013 – SOINATA ENEMEIBUKO SURUM IEBC/NDRC/PL/574/2013 – STANLEY KIPSANG CONSOLIDATED) where it held that “Monica Topito and Nainguene Taki are replaced by Monica Chebet and MonicahChebet Too for cultural and Community diversity. Complaint dismissed.”
We have considered the arguments by all the parties and whereas it is clear that the first set of complaints related to the Narok County URP list, it not clear that the applicant herein were party to those proceedings to defend their positions. In the circumstances, we do not think it is fair for the Committee to rely on a previous decision which the applicants were not party to though it affected them.
In the interests of justice, we hereby order as follows;
The decisions in Complaints Nos. 512/2013, 574/2013, 209/2013 and 217/203 be and are hereby set aside and the Committee is directed to hear the matters afresh within 14 days from the date hereof.
There shall be no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013.
MUMBI NGUGI D.S. MAJANJA W.K. KORIR
JUDGEJUDGE JUDGE