[2013] KEHC 5669 (KLR)
The court found that the 1st respondent, IEBC, acted lawfully by relying on the original party list submitted by TNA in compliance with the Elections Act. The court held that any attempt by the party to amend the list after submission, in the absence of rejection by the IEBC, would be illegal. The court further...
Source-derived case information.
- Citation
- [2013] KEHC 5669 (KLR)
- Parties
- Applicant: Silvia Silole Nkaiwatei; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Eunice Muthoni
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 232 of 2013
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Party List Nominations, Electoral Disputes, Internal Party Mechanisms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvia Silole Nkaiwatei
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Eunice Muthoni
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to the seat of youth representative for Narok County on the TNA party list.
- 2 Whether the 1st respondent acted lawfully in recognizing the original party list submitted by TNA.
- 3 Whether the consent between the petitioner and TNA was binding on the 1st respondent.
Ratio Decidendi
The court found that the 1st respondent, IEBC, acted lawfully by relying on the original party list submitted by TNA in compliance with the Elections Act. The court held that any attempt by the party to amend the list after submission, in the absence of rejection by the IEBC, would be illegal. The court further emphasized that disputes concerning party lists are to be addressed through internal party mechanisms and the Political Parties Disputes Tribunal, not by the IEBC or the court. As the petitioner's name did not appear on the original list submitted by her party, and there was no lawful basis to alter the list, the court found no reason to interfere with the IEBC's decision....
Court Disposition
petition dismissed
Orders
- The petition is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTION & HUMAN RIGHTS DIVISION
PETITION NO. 232 OF 2013
SILVIA SILOLE NKAIWATEI.......................................PETITIONER
VERSUS
THE INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION.....................1ST RESPONDENT
EUNICE MUTHONI.............................................2ND RESPONDENT
JUDGMENT
The Petitioner, Silvia Silole Nkaiwatie, being aggrieved by the decision of the 1st Respondent, the Independent Electoral and Boundaries Commission (IEBC), in COMPLAINT NO. IEBC/NDRC/ PL/13/2013- SILVIA SILOLE NKAIWATIE V TNA consolidated with IEBC/NDRC/PL/13/2013 CATHERINE KIMAREN V TNA,seeks a declaration that she is entitled to the seat of youth representative for Narok County on the National Alliance Party (TNA). If such a declaration is granted, then the nomination of the 2nd Respondent Eunice Muthoni to the Narok County Assembly on a TNA ticket will become null and void.
It is the Petitioner’s case that her name was on the TNA party list in the youth representative category. When the list was released by the 1st Respondent her name had been replaced by that of the 2nd Respondent. Consent was later entered between her and TNA before the 1st Respondent and the 2nd Respondent’s name was replaced with her name. However, the 1st Respondent did not execute the consent. That is what has led the Petitioner to file the petition before us.
The Respondents opposed the petition. It is their case that the 2nd Respondent’s name was picked on priority basis and no consent had been entered to replace the name of the 2nd Respondent with that of the Petitioner.
We have considered the submissions before us and find that:-
The dispute revolves around the TNA party list for nominations to Narok County Assembly. The 1st Respondent acted on the original list that was sent to it by TNA in compliance with Section 35 of the Elections Act, 2011. Any attempt by the party to amend the list in a situation where IEBC had not rejected the list or some names on the list would have been illegal. Matters touching on party lists are to be dealt with through the internal party mechanism for resolving disputes and the Political Parties Disputes Tribunal established under the Political Parties Act, 2011.
The 1st Respondent heard the Petitioner’s complaint and based on the facts before it reached the decision that the Petitioner’s name did not appear in the list submitted to it by her party. We find no reason for interfering with that decision.
For the reasons aforesaid, we find that this petition lacks merit and dismiss it with no order as to costs.
Dated, signed and delivered at Nairobi this 12th day of July, 2013
MUMBI NGUGI, D. S. MAJANJA, W. K. KORIR,
JUDGE JUDGE JUDGE