[2013] KEHC 5670 (KLR)
The court found that the issues raised by the applicant regarding the TNA party list had already been determined by the IEBC Dispute Resolution Committee in its earlier decision, and no new evidence was presented to warrant reopening the matter. The court held that the doctrine of res judicata applied, precluding...
Source-derived case information.
- Citation
- [2013] KEHC 5670 (KLR)
- Parties
- Applicant: Republic; Respondent: The Independent Electoral and Boundaries Commission; Respondent: The National Alliance (TNA) Party; Respondent: Speaker, Nyandarua County Assembly; Respondent: Moses Mwicigi; Respondent: Joyce Nyambura Nganga; Respondent: David Mwangi Ndirangu; Respondent: Ann Waithira Kinero; Respondent: Margaret Wamuyu; Respondent: Monica Wamuyu; Respondent: Rebecca Nyangati; Respondent: Nancy Wambui; Respondent: Beth Wahito; Respondent: Dorcas Nyambura; Respondent: Patricia Wanjugu; Respondent: Tiziana Wanjiru; Respondent: Jane Muthoni; Respondent: Rehab Wanjehiah; Respondent: Miriam Wahura; Applicant: Exparte Lydia Nyaguthii Githendu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 218 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party List Nomination, Res Judicata, Dispute Resolution Committee, Representation of Special Interest Groups
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Independent Electoral and Boundaries Commission
Respondent
The National Alliance (TNA) Party
Respondent
Speaker, Nyandarua County Assembly
Respondent
Moses Mwicigi
Respondent
Joyce Nyambura Nganga
Respondent
David Mwangi Ndirangu
Respondent
Ann Waithira Kinero
Respondent
Margaret Wamuyu
Respondent
Monica Wamuyu
Respondent
Rebecca Nyangati
Respondent
Nancy Wambui
Respondent
Beth Wahito
Respondent
Dorcas Nyambura
Respondent
Patricia Wanjugu
Respondent
Tiziana Wanjiru
Respondent
Jane Muthoni
Respondent
Rehab Wanjehiah
Respondent
Miriam Wahura
Respondent
Exparte Lydia Nyaguthii Githendu
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the TNA party list for Nyandarua County complied with Article 90(2)(b) and 177(1)(b) and (c) of the Constitution.
- 2 Whether the IEBC Dispute Resolution Committee erred in finding the matter res judicata.
- 3 Whether the court should issue an order of certiorari to quash the Committee's decision.
Ratio Decidendi
The court found that the issues raised by the applicant regarding the TNA party list had already been determined by the IEBC Dispute Resolution Committee in its earlier decision, and no new evidence was presented to warrant reopening the matter. The court held that the doctrine of res judicata applied, precluding further litigation on the same issues. Additionally, the court emphasized that the preparation and submission of party lists is fundamentally a party matter, and judicial intervention is only warranted where there is a clear breach of constitutional or statutory provisions, which was not demonstrated in this case. Consequently, the court found no basis to interfere with the...
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 218 OF 2013
BETWEEN
REPUBLIC...........................................................................................APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................................1ST RESPONDENT
THE NATIONAL ALLIANCE (TNA) PARTY.....................2ND RESPONDENT
THE SPEAKER
NYANDARUA COUNTY ASSEMBLY.................................3RD RESPONDENT
MOSES MWICIGI...................................................................4TH RESPONDENT
JOYCE NYAMBURA NGANGA..........................................5TH RESPONDENT
DAVID MWANGI NDIRANGU............................................6TH RESPONDENT
ANN WAITHIRA KINERO................................................7TH RESPONDENT
MARGARET WAMUYU.........................................................8TH RESPONDENT
MONICA WAMUYU...............................................................9TH RESPONDENT
REBECCA NYANGATI......................................................10TH RESPONDENT
NANCY WAMBUI.................................................................11TH RESPONDENT
BETH WAHITO.................................................................12TH RESPONDENT
DORCAS NYAMBURA......................................................13TH RESPONDENT
PATRICIA WANJUGU......................................................14TH RESPONDENT
TIZIANA WANJIRU.............................................................15TH RESPONDENT
JANE MUTHONI.................................................................16TH RESPONDENT
REHAB WANJEHIAH.......................................................17TH RESPONDENT
MIRIAM WAHURA...............................................................18TH RESPONDENT
EXPARTELYDIAH NYAGUTHII GITHENDU
JUDGMENT
The Notice of Motion dated 3rd July 2013 seeks an order of certiorari to quash the decision of IEBC Dispute Resolution Committee in relation to The National Alliance Party (TNA) party list for Nyandarua County. The applicant claims that the list does not conform to the provisions of Article 90(2)(b)and177(1)(b)and(c) of the Constitution.
The ex-parte applicant filed Complaint No. 2541/2013 before the Committee. In its decision of 7th June 2013, it stated that, “the issue is whether the published TNA list has errors and repetitions. Whether some of those listed as Youth and Persons with Disabilities qualify to be in this category. Whether David Mwangi Ndirangu and Ann Waithira Kionero qualify in this category. Whether the issue of regional balance is requirement of the law in a county. Whether party nomination fees should be refunded.” The Committee concluded that the matter had been adjudicated upon as it was dismissed in its decision of 4th May 2013 and is res judicata and no further evidence adduced to prove the allegations.
We have considered the depositions and the decision of the Committee. In our view the matter raised concerns the party list submitted by TNA and as such the matter is a party matter. We find no basis to interfere with the decision of the Committee.
The application is dismissed.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI D.S. MAJANJA W. K. KORIR
JUDGEJUDGE JUDGE