[2013] KEHC 6392 (KLR)
The court held that the correct party list for consideration was the one submitted by the United Republican Party before the election, in accordance with section 35 of the Elections Act, 2011. The IEBC was therefore justified in using that list for the purposes of nomination. The court further found that the...
Source-derived case information.
- Citation
- [2013] KEHC 6392 (KLR)
- Parties
- Applicant: Republic; Respondent: Independent Electoral and Boundaries Commission; Interested Party: United Republican Party; Applicant: Barwaka Adan Ahmed
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 242 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Judges
- EM Ngugi, DAS Majanja, CC Kipkorir
- Legal Topics
- Party List Nominations, Gender Representation, Elections Act Compliance
- 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
Interested Party
Barwaka Adan Ahmed
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the IEBC was obligated to publish the URP list submitted on 21st March 2013 including the applicant as a nominee to the Mandera County Assembly.
- 2 Whether the IEBC correctly considered the proper party list for nomination in accordance with the Elections Act, 2011.
- 3 Whether the applicant was unlawfully replaced by Habiba Haji Hussein in the nomination process.
Ratio Decidendi
The court held that the correct party list for consideration was the one submitted by the United Republican Party before the election, in accordance with section 35 of the Elections Act, 2011. The IEBC was therefore justified in using that list for the purposes of nomination. The court further found that the complaint regarding the nomination of Habiba Haji Hussein could not be sustained as she was not a party to the proceedings. Consequently, the court declined to set aside the Committee's decision and dismissed the application.
Court Disposition
application dismissed
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JR NO. 242 OF 2013
BETWEEN
REPUBLIC ........................................................................ APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION .................................. RESPONDENT
AND
UNITED REPUBLICAN PARTY ............... INTERESTED PARTY
EXPARTEBARWAKA ADAN AHMED
JUDGMENT
The applicant in this matter seeks to compel the IEBC to publish the United Republican Party (“URP”) list submitted to the IEBC on 21st March 2013 which included the applicant as a nominee to the Mandera County Assembly.
The applicant filed Complaint No. 267 of 2013 before the IEBC Dispute Resolution Committee (“the Committee”) in which the issue was whether in the list forwarded by the IEBC, the complainant’s gender was indicated as male yet she is female and whether the list published in April 2013 by IEBC of respective nominees of the various county Assemblies included the name of the complainant.
The complainant, the Committee found, had proved that she is female. Nevertheless her complaint that she was replaced by Habiba Haji Hussein could not be sustained for that reason as the said Hahiba Haji appeared first on the Mandera Party list forwarded to the IEBC and was therefore entitled to be nominated. The Committee therefore held that the nomination process was followed and dismissed the complaint.
The applicant’s case before us is that URP submitted a first list on 30th January 2013 but that list had errors hence the URP forwarded another list which was received on 21st March 2013. According to the applicant, the IEBC should have considered the subsequent list which included her as No. 3.
We have considered the evidence of the parties before us and we are not inclined to set aside the Committee’s decision for two reasons. First, the proper list for consideration is the one forwarded by the URP before the election in accordance with section 35 of the Elections Act, 2011. Secondly, the IEBC was correct to use the list for the purposes and thirdly, the complaint contested the nomination of Habiba Haji Hussein who is not a party to this suit.
The application is therefore dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI
JUDGE
D.S. MAJANJA
JUDGE
W. K. KORIR
JUDGE