[2013] KEHC 5622 (KLR)
The court found that the record of proceedings and the decision did not indicate that the Commissioner with a potential conflict of interest had recused himself from the IEBC Dispute Resolution Committee. The absence of such evidence undermined the integrity and impartiality of the decision-making process. The court...
Source-derived case information.
- Citation
- [2013] KEHC 5622 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Applicant: United Republican Party; Applicant: The 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 Dispute Resolution, 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
The 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 or potential conflict of interest of a Commissioner in the IEBC Dispute Resolution Committee vitiated the proceedings and decision.
- 2 Whether the recusal of the Commissioner was properly recorded and effected.
Ratio Decidendi
The court found that the record of proceedings and the decision did not indicate that the Commissioner with a potential conflict of interest had recused himself from the IEBC Dispute Resolution Committee. The absence of such evidence undermined the integrity and impartiality of the decision-making process. The court held that, in the interests of justice and to uphold the principles of fair administrative action and natural justice, the decisions in the affected complaints must be set aside. The court further directed that the complaints be heard afresh by a differently constituted committee, excluding the Commissioner in question, and that the determination be made within a specified...
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