[2017] KEHC 9574 (KLR)
The court held that it has jurisdiction to hear the matter, referencing established case law (though not specifically cited) supporting its authority over pre-election nomination disputes. Given the applicant's willingness to comply with the IEBC's order, the court exercised its discretion to reduce the fine from...
Source-derived case information.
- Citation
- [2017] KEHC 9574 (KLR)
- Parties
- Appellant: Robert Momanyi; Respondent: Independent Electoral & Boundaries Commission; Interested Party: Fredrick Hussein
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 444 of 2017
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- fine reduced and conditional participation allowed
- Judges
- LK Kimaru
- Legal Topics
- Pre Election Disputes, Nomination Fines, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Momanyi
Appellant
Independent Electoral & Boundaries Commission
Respondent
Fredrick Hussein
Interested Party
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear pre-election nomination disputes.
- 2 Whether the fine imposed on the applicant should be reduced.
Ratio Decidendi
The court held that it has jurisdiction to hear the matter, referencing established case law (though not specifically cited) supporting its authority over pre-election nomination disputes. Given the applicant's willingness to comply with the IEBC's order, the court exercised its discretion to reduce the fine from Kshs.250,000 to Kshs.100,000, balancing the need for compliance with electoral regulations and the applicant's right to participate in the election. The court emphasized expediency in resolving such disputes and ordered payment by a specified deadline, failing which the applicant would be excluded from the ballot.
Court Disposition
fine reduced and conditional participation allowed
Orders
- The fine imposed on the applicant is reduced from Kshs.250,000 to Kshs.100,000.
- The applicant shall pay Kshs.100,000 on or before 5.00 p.m. on 21st July 2017.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 444` OF 2017
ROBERT MOMANYI......................................................................................APPELLANT
VERSUS
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION...1ST RESPONDENT
FREDRICK HUSSEIN......................................................................INTERESTED PARTY
RULING
This court has jurisdiction to hear this matter. There are decided cases supporting this position. This court need not cite them in light of the expedition that is required for disposal of pre-election nomination disputes. Since the Applicant wishes to comply with the order issued by Independent Electoral & Boundaries Commission (IEBC), this court favourably considers his plea for reduction of the fine that was imposed on him from Kshs.250,000/- to Kshs.100,000/-. The Applicant shall pay this sum on or before 5. 00 p.m. on 21st July 2017 or in default he shall be excluded from the ballot. There shall be no orders as to costs. It is so ordered.
DATED AT NAIROBI THIS 20TH DAY OF JULY 2017
L. KIMARU
JUDGE