[2013] KEHC 6437 (KLR)
The court found that the respondent, IEBC, acted within its constitutional and statutory mandate by relying on the party list submitted by the applicant. The court emphasized that the IEBC is not permitted to intervene in internal party affairs beyond the party list as presented. The applicant failed to demonstrate...
Source-derived case information.
- Citation
- [2013] KEHC 6437 (KLR)
- Parties
- Applicant: Republic; Respondent: The Independent Electoral & Boundaries Commission (Nomination Disputes Resolution Committee); Interested Party: Kefah Onsongo Manyura; Ex Parte Applicant: Ford-People Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 211 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party List Nominations, Procedural Fairness, Jurisdiction of Iebc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Independent Electoral & Boundaries Commission (Nomination Disputes Resolution Committee)
Respondent
Kefah Onsongo Manyura
Interested Party
Ford-People Party
Ex Parte Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the respondent acted lawfully in nominating the Interested Party to the County Assembly based on the party list.
- 2 Whether the respondent was required to allow the applicant to replace a disqualified nominee on the party list.
- 3 Whether there was any procedural impropriety by the respondent in handling the applicant's complaint.
Ratio Decidendi
The court found that the respondent, IEBC, acted within its constitutional and statutory mandate by relying on the party list submitted by the applicant. The court emphasized that the IEBC is not permitted to intervene in internal party affairs beyond the party list as presented. The applicant failed to demonstrate any procedural impropriety or legal error in the respondent's decision-making process. Consequently, there was no basis for the court to review or overturn the respondent's decision regarding the nomination of the Interested Party to the County Assembly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION
JR CASE NO 211 OF 2013
REPUBLIC ……………….………………………………………………………………… APPLICANT
VERSUS
THE INDEPENDENT ELECTORAL &
BOUNDARIES COMMISSION ……………………………………..……….…….RESPONDENT
(NOMINATION DISPUTES RESOLUTION COMMITTEE)
AND
KEFAH ONSONGO MANYURA ………………………….………………INTERESTED PARTY
Ex-Parte
FORD-PEOPLE PARTY
JUDGMENT
This application is brought by the Ford-People Party to challenge the decision of the respondent with regard to the nomination of the Interested Party, Kefah Onsongo Mangura. Their complaint was IEBC/NDRC/PL/282/2013. The applicant contends that the Interested Party was not and is not a member of the applicant; that he was erroneously included in the applicant’s Party list submitted to the Respondent as No 5, that when the person who was no. 1 on the list, one Steve Arika, was removed on the basis that he was not a Youth, the applicant should have been allowed to replace him with someone else and the respondent should not have nominated the Interested Party.
The respondents contends that its decision to dismiss the applicant’s complaint was proper. It acted on the list submitted to it by the applicant in which the Interested Party was placed at No 5; that upon Steve Arika being dropped on the basis that he was not a youth, Mr. Manyina was found qualified on the basis of being a person with disability.
Determination
The onus placed on the Respondent by the Constitution and the Elections Act is to nominate persons to the County Assembly on the basis of party list. As this court found in Petition No 147 of 2013, the IEBC cannot enter into the Internal Party issues. The court notes that the respondent heard the applicant’s complaint, and that it based its decision on the law. There is nothing before us that indicates any procedural impropriety that would justify a review of the respondent’s decision.
In the circumstances, this application is dismissed but with no order as to costs.
Dated, Delivered and Signed at Nairobi this 12th day of July 2013
MUMBI NGUGI D. S. MAJANJA WELDON KORIR
JUDGE JUDGE JUDGE