[2013] KEHC 5188 (KLR)
The court found that the petitioner had an alternative remedy available under Article 88(4)(e) of the Constitution, which provides for appeals against decisions of returning officers. Since the petitioner had not exhausted this remedy, the court declined to grant the reliefs sought. The acceptance of the 1st...
Source-derived case information.
- Citation
- [2013] KEHC 5188 (KLR)
- Parties
- Petitioner: Sikudhani Ajwang Rumanywa; Respondent: Pius Owino Otieno; Respondent: Orange Democratic Movement; Respondent: Independent Electoral Boundaries Commission; Respondent: University of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 58 of 2013
- Procedural Posture
- Election Petition / Judgment
- Outcome
- petition dismissed
- Judges
- DAS Majanja, CC Kipkorir, GV Odunga
- Legal Topics
- Party Nominations, Right to Fair Hearing, Electoral Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sikudhani Ajwang Rumanywa
Petitioner
Pius Owino Otieno
Respondent
Orange Democratic Movement
Respondent
Independent Electoral Boundaries Commission
Respondent
University of Nairobi
Respondent
Procedural Posture
Election Petition / Judgment
Legal Issues
- 1 Whether the issuance of the ODM party certificate to the 1st respondent was null and void for failure to give the petitioner a fair hearing.
- 2 Whether the petitioner was duly nominated by the Orange Democratic Movement and entitled to have his name included in the IEBC list of nominees.
- 3 Whether the decision of the IEBC to accept nomination papers from the 1st respondent should be quashed.
Ratio Decidendi
The court found that the petitioner had an alternative remedy available under Article 88(4)(e) of the Constitution, which provides for appeals against decisions of returning officers. Since the petitioner had not exhausted this remedy, the court declined to grant the reliefs sought. The acceptance of the 1st respondent's nomination papers by the Returning Officer was not shown to be unlawful, and the petitioner's subsequent attempt to present his papers did not entitle him to the orders sought. The petition was therefore dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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SIKUDHANI AJWANG RUMANYWA .........................................................PETITIONER
AND
PIUS OWINO OTIENO........................................................................1ST RESPONDENT
ORANGE DEMOCRATIC MOVEMENT.............................................2ND RESPONDENT
INDEPENDENT ELECTORALBOUNDARIES COMMISSION........3RD RESPONDENT
UNIVERSITY OF NAIROBI .................................................................4TH RESPONDENT
JUDGMENT
1. We heard the petition on 1st February 2013 where we made the following orders, “The petition herein is dismissed with no order as to costs. Reasons to be given on 5th February 2013. ” We now proffer our reasons.
2. The petitioner seeks the following reliefs in the petition dated 1st February 2013.
(a)A declaration that the move to issue an ODM party certificate to the 1st respondent contest for the position of County Representative for Sarang’ombe Ward, Kibra Constituency, Nairobi County was null and void and unconstitutional for failure to give the petitioner herein a fair hearing.
(b)A declaration that the petitioner herein was duly nominated by the Orange Democratic Movement to contest for the position of County Representative of Sarang’ome Ward, Kibra Constituency, Nairobi County and as such his name ought to be included in the Independent Electoral and Boundaries Commission list of successful nominees.
(c)An order quashing the decision of the Independent Electoral Boundaries Commission to receive nomination papers from the 1st respondent as the ODM Nominee for the position of County Representative for Sarang’ombe Ward, Kibra Constituency, Nairobi County.
(d)An order compelling the IEBC to receive nomination papers from the petitioner herein in respect of the subject position.
(e)Any other or further relief that this Honourable Court may deem just and fit to grant.
3. When the matter came up for hearing, Mr Kabue for the petitioner concedes that nomination papers presented by Pius Owino Otieno, the 1st respondent had already been presented and accepted by the Returning officer in respect of the Sarang’ombe Ward of Kibra Constituency. When the petitioner attempted to present his papers, the papers were rejected.
4. We are satisfied that under Article 88(4)(e), the petitioner may appeal the returning officer’s decision. In the circumstances and in view of the returning officer’s decision, we declined to allow the petition.
DatedandDelivered at Nairobithis 5th February 2013
D.S. MAJANJA
JUDGE
W. KORIR
JUDGE
G. V. ODUNGA
JUDGE