[2013] KEHC 6208 (KLR)
The court held that the IEBC Dispute Resolution Committee was entitled to reach its own decision on the evidence presented and that there was no basis for judicial interference. The Committee's decision was not shown to be unreasonable, irrational, or unsupported by evidence. The court found that the petitioner...
Source-derived case information.
- Citation
- [2013] KEHC 6208 (KLR)
- Parties
- Petitioner: Samuel Njuguna Ngari; Respondent: Catherine Wanjiku Kamau; Respondent: Catherine Wairimu Mugo; Respondent: The Independent Electoral and Boundaries Commission; Respondent: The National Alliance Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 309 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- EM Ngugi, CC Kipkorir
- Legal Topics
- Nomination Qualifications, Electoral Disputes, Party Membership, Public Officer Eligibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Njuguna Ngari
Petitioner
Catherine Wanjiku Kamau
Respondent
Catherine Wairimu Mugo
Respondent
The Independent Electoral and Boundaries Commission
Respondent
The National Alliance Party
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the 1st respondent was disqualified from nomination to the County Assembly for being a public officer contrary to the Constitution and Elections Act.
- 2 Whether the 2nd respondent was not a member of The National Alliance Party and thus ineligible for nomination.
- 3 Whether the allocation of nomination seats complied with the law regarding ward representation.
Ratio Decidendi
The court held that the IEBC Dispute Resolution Committee was entitled to reach its own decision on the evidence presented and that there was no basis for judicial interference. The Committee's decision was not shown to be unreasonable, irrational, or unsupported by evidence. The court found that the petitioner failed to demonstrate that the 1st and 2nd respondents were unqualified for nomination or that the nomination process violated the law. The court emphasized that a mere difference in interpretation of evidence is not a sufficient ground for review. Accordingly, 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
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 309 OF 2013
BETWEEN
SAMUEL NJUGUNA NGARI ....................................... PETITIONER
AND
CATHERINE WANJIKU KAMAU ..................... 1ST RESPONDENT
CATHERINE WAIRIMU MUGO ...................... 2ND RESPONDENT
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ........................... 3RD RESPONDENT
THE NATIONAL ALLIANCE PARTY .............. 4TH RESPONDENT
JUDGMENT
In the petition dated 14th June 2013, the petitioner complains that the 1st and 2nd respondents are not qualified for nomination to the Murang’a County Assembly contrary to Article 77(1)and2and195(2)(a) of the Constitution and section 25(2)(a) of the Elections Act. It is alleged that the 1st respondent is a head teacher and is employed by the Teachers Service Commission and that the 2nd respondent is not a member of The National Alliance Party (“TNA”) having defected to National Rainbow Coalition. It is alleged that the 2nd respondent comes from the same ward with another nominated candidate therefore the seat ought to be allocated to another ward in the Constituency.
In the decision in respect of Complaint No. 179/2013 and No. 180/2013, the IEBC Dispute Resolution Committee (“Committee”) ordered as follows; Florence Wangechi a person with disability be swopped with Catherine Wanjiku Kamau and one Elizabeth Wambui Mwangi who contested the Wempa Ward in Maragwa be replaced with Agnes Ndunge Muturima. The allegation against Catherine Mugo was dismissed for want of evidence.
The respondent opposed the petitioner’s prayer that the 1st and 2nd respondents be replaced with Faith Njoki Macharia and Beth Wangui Kinyanjui as the two were not on the list submitted by TNA and that no basis has been shown for setting aside the decision.
In essence the petitioner’s case before us is that the Committee failed to consider or ignored evidence placed before it. In our view and having considered all the evidence, we do not think we can interfere with the Committee’s decision. This is an application for review and even though we may take a different view of the evidence, we do not think this is a ground for interference. The Committee was entitled to come to its own decision and the decision is not unreasonable, irrational and unsupported by the evidence.
The petition is 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