[2013] KEHC 6252 (KLR)
The court found that the petitioners' grievances related to the internal processes of the party in constituting its nomination list, which falls within the party's mandate to resolve. The statutory period for submission of party lists had already lapsed, and the court could not order a reconstitution of the list...
Source-derived case information.
- Citation
- [2013] KEHC 6252 (KLR)
- Parties
- Applicant: Rose Wairimu Kamau; Applicant: Salome Wairimu Kago; Applicant: Elizabeth Muthoni Wanjau; Applicant: Mary Muthoni Njeru; Respondent: The Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 236 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Party List Nominations, Electoral Dispute Resolution, Mandate of Iebc, Internal Party Democracy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wairimu Kamau
Applicant
Salome Wairimu Kago
Applicant
Elizabeth Muthoni Wanjau
Applicant
Mary Muthoni Njeru
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the IEBC Dispute Resolution Committee erred in dismissing the petitioners' complaints regarding party list nominations.
- 2 Whether the submission of a revised party list by TNA outside the statutory period was lawful.
- 3 Whether the composition of the party list violated principles of diversity and representation.
Ratio Decidendi
The court found that the petitioners' grievances related to the internal processes of the party in constituting its nomination list, which falls within the party's mandate to resolve. The statutory period for submission of party lists had already lapsed, and the court could not order a reconstitution of the list outside the time permitted by law. The absence of representatives from certain constituencies did not, in itself, amount to a lack of diversity sufficient to warrant judicial intervention. Consequently, there was no basis for the court to interfere with the decision of the IEBC Dispute Resolution Committee, and the petition was dismissed.
Court Disposition
petition dismissed
Orders
- The petition 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
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 236 OF 2013
BETWEEN
ROSE WAIRIMU KAMAU ..................................... 1ST PETITIONER
SALOME WAIRIMU KAGO ................................. 2ND PETITIONER
ELIZABETH MUTHONI WANJAU ..................... 3RD PETITIONER
MARY MUTHONI NJERU .................................... 4TH PETITIONER
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ...................................... RESPONDENT
JUDGMENT
The petitioners in the petition dated 8th May 2013 are aggrieved by the decision taken by the IEBC Dispute Resolution Committee (“the Committee”). They aver that they and 16 others were on the original party nomination list for The National Alliance (“TNA”) for the Nyeri County Assembly. They contend that they applied for the positions and were duly considered. It therefore came as a shock to them that the list sent to the IEBC was different from the one approved by delegates and TNA membership at county level.
The petitioners complain that some of the persons now nominated were not paid up members and the seats were misallocated and in fact some constituencies in the county like Mukurweini and Mathira constituencies do not have representatives on the said list.
The Committee considered Complaint No. 79/2013, 80/2013, 99/2013 and 100/2013 and dismissed the same on the ground that the matters were already in the High Court. It is not clear how the matters were in the High Court. However, we have reviewed the depositions in support and in opposition to the petition. What is clear though is that TNA submitted two lists in February 2013 and resubmitted another list which provided the basis for the IEBC list of nominees.
We agree with the respondent that what the petitioner seeks is a reconstitution of list outside the time permitted by section 35 of the Election Act, 2011for submission of such lists. Furthermore the issues raised by the petitioners are clearly within the mandate of the party to resolve as they concern how the lists are constituted. Furthermore, the failure to include persons from other Constituencies within the County is not of itself decisive of lack of diversity in the party list.
In the circumstances no purpose will be served by interfering with the decision of the Committee. The petition is therefore dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013.
MUMBI NGUGI D.S. MAJANJA W.K. KORIR
JUDGEJUDGE JUDGE