[2013] KEHC 5230 (KLR)
The court held that the applicant had not demonstrated that he had lodged a complaint with the Independent Electoral and Boundaries Commission regarding the nomination dispute or that such a complaint had been rejected. The statutory and constitutional framework requires that nomination disputes be first addressed...
Source-derived case information.
- Citation
- [2013] KEHC 5230 (KLR)
- Parties
- Applicant: Samuel Otieno Otaja; Respondent: Independent Electoral and Boundaries Commission; Respondent: Orange Democratic Movement; Respondent: Ken Obura
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 20 of 2013
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- application dismissed
- Judges
- DAS Majanja
- Legal Topics
- Electoral Disputes, Nomination Process, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Otaja
Applicant
Independent Electoral and Boundaries Commission
Respondent
Orange Democratic Movement
Respondent
Ken Obura
Respondent
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the applicant's complaint regarding nomination should be addressed by the Independent Electoral and Boundaries Commission before approaching the court.
- 2 Whether the applicant had exhausted the statutory dispute resolution mechanisms provided under Article 88(4)(e) of the Constitution and section 74 of the Elections Act.
Ratio Decidendi
The court held that the applicant had not demonstrated that he had lodged a complaint with the Independent Electoral and Boundaries Commission regarding the nomination dispute or that such a complaint had been rejected. The statutory and constitutional framework requires that nomination disputes be first addressed by the Commission. Since there was no evidence of exhaustion of this mechanism, the court declined to intervene and dismissed the application.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 4th February 2013 is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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SAMUEL OTIENO OTAJA................................................................................................APPLICANT
AND
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ..............1ST RESPONDENT
ORANGE DEMOCRATIC MOVEMENT .............................................................2ND RESPONDENT
KEN OBURA.........................................................................................................3RD RESPONDENT
RULING
I have considered the material that has been placed before the court and in my view, the complaint relating to the nomination can be dealt with by the Independent Electoral and Boundaries Commission in terms of the provisions of Article 88(4)(e) of the Constitution and section 74 of the Elections Act. There is no evidence on record that complaint was lodged and rejected. The applicant is entitled to lodge such a complaint.
In the circumstances, the Notice of Motion dated 4th February 2013 be and is hereby dismissed with no order as to costs.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE