[2017] KEHC 3423 (KLR)
The court declined to proceed with the consolidated petitions or to grant interim relief, on the basis that its jurisdiction to hear and determine the matters could be in question. The petitions had been registered as election petitions and reported to the Judiciary Committee on Elections, and the Chief Justice was...
Source-derived case information.
- Citation
- [2017] KEHC 3423 (KLR)
- Parties
- Petitioner: Simon Mwangi Kamau; Petitioner: Charles Njuru Kihara & Another; Respondent: Clerk of the County Assembly of Murang'a & 3 Others
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Election Petition 2 & 3 of 2017
- Procedural Posture
- Election Petition / Preliminary Directions/ruling on Jurisdiction and Interim Relief
- Outcome
- Petitions stood over generally pending clarification of jurisdiction; costs in the cause.
- Judges
- DW Mbuteti
- Legal Topics
- Jurisdiction of High Court, Election of Speaker, Constitutional Petitions, Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mwangi Kamau
Petitioner
Charles Njuru Kihara & Another
Petitioner
Clerk of the County Assembly of Murang'a & 3 Others
Respondent
Procedural Posture
Election Petition / Preliminary Directions/ruling on Jurisdiction and Interim Relief
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the consolidated petitions challenging the election of the speaker of the County Assembly of Murang'a.
- 2 Whether interim relief should be granted pending clarification of the court's jurisdiction.
Ratio Decidendi
The court declined to proceed with the consolidated petitions or to grant interim relief, on the basis that its jurisdiction to hear and determine the matters could be in question. The petitions had been registered as election petitions and reported to the Judiciary Committee on Elections, and the Chief Justice was expected to issue directions on the handling of such petitions. Until the issue of jurisdiction was clarified, the court found it prudent to stand over the petitions generally, with costs in the cause, to avoid acting without proper authority or in contravention of judicial administrative procedures.
Court Disposition
Petitions stood over generally pending clarification of jurisdiction; costs in the cause.
Orders
- The two consolidated petitions are stood over generally until clarification of jurisdiction is provided.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
ELECTION/CONSTITUTIONAL PETITION NO 2 OF 2017
SIMON MWANGI KAMAU.............................................................PETITIONER
VERSUS
CLERK OF THE COUNTY ASSEMBLY
OF MURANG’A & 3 OTHERS...........RESPONDENTS/INTERESTED PARTY
CONSOLIDATED WITH
ELECTION /CONSTITUTIONAL PETITION NO 3 OF 2017
CHARLES NJURU KIHARA & ANOTHER...............................PETITIONERS
VERSUS
CLERK OF THE COUNTY ASSEMBLY
OF MURANG’A & 3 OTHERS.........RESPONDENTS/INTERESTED PARTY
PRELIMINARY DIRECTIONS/RULING
1. When this court resumed sittings on 18/09/2017 after the August/September court recess, I found on my desk in chambers these two petitions. I was requested by the registry to give directions on how the matters should proceed. Upon perusal I noted they were both constitutional petitions which allege contravention of various articles of the Constitution of Kenya, 2010 in regard to the election recently held of the speaker of the County Assembly of Murang’a. The two petitions were more or less identical in content and the reliefs sought. I therefore fixed both petitions for directions on 20th September 2017, particularly on the applications for temporary relief pending in both petitions.
2. On 20th September 2017 learned counsels for all the parties except the named Interested Party appeared before me. With their consent I directed consolidation of both petitions for purposes of expedited disposal of the petitions, as is always the case with constitutional petitions. I then heard brief arguments regarding interim relief on the pending applications.
3. I was supposed to give a ruling thereon today as well as directions as to hearing of the applications for temporary relief. However, when I sat down to prepare the ruling I realized that the petitions had been registered as election petitions and reported to the Judiciary Committee on Elections as such. I have now been informed that the Hon the Chief Justice is expected to give directions shortly on how election-related petitions (such as the present petitions) should be dealt with. As for proper election petitions under the Elections Act, Cap 7 in respect to Governors, Senators, Members of Parliament, Woman Representatives and Members of County Assemblies, directions and appointment of election courts has already been done and gazetted.
4. It therefore appears to me that my jurisdiction to deal with these two petitions could become an issue. I will therefore decline to deal with them for the time being until the issue I have outlined above has been clarified appropriately. These two petitions will therefore be stood over generally for now with costs in the cause. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 21ST DAY OF SEPTEMBER 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 22ND DAY OF SEPTEMBER 2017