[2013] KEHC 4761 (KLR)

[2013] KEHC 4761 (KLR)

The court determined that, given the serious issues raised regarding the compliance of Party Lists with constitutional requirements for representation of marginalized groups, it was necessary to preserve the status quo and prevent the gazettement of County Assembly Representatives based on the disputed lists. The...

Source-derived case information.

Citation
[2013] KEHC 4761 (KLR)
Parties
Applicant: National Gender and Equality Commission (NGEC); Respondent: Independent Electoral and Boundaries Commission (IEBC); Association for the Physically Disabled of Kenya; International Federation of Women Lawyers; Kenya Paraplegic Association; The National Council for Persons with Disabilities; Rongai Environmental Action Initiative
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Petition 147 of 2013
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Outcome
Interim orders granted restraining the IEBC from gazetting nominations of County Assembly Representatives based on the Party Lists submitted by political parties, pending the court's ruling on the substantive issues.
Judges
DAS Majanja
Legal Topics
Elections Nomination Process, Party List Compliance, Representation of Persons With Disabilities
Source Language
en
Constitutional Law Administrative Law Elections Nomination Process Party List Compliance Representation of Persons With Disabilities

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Summary, issues, holding and outcome

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Parties

National Gender and Equality Commission (NGEC)

Applicant

Independent Electoral and Boundaries Commission (IEBC)

Respondent

Association for the Physically Disabled of Kenya

International Federation of Women Lawyers

Kenya Paraplegic Association

The National Council for Persons with Disabilities

Rongai Environmental Action Initiative

Procedural Posture

Constitutional Petition / Interlocutory Ruling

Legal Issues

  1. 1 Whether the IEBC can proceed to gazette nominations of County Assembly Representatives based on the Party Lists submitted by political parties before the court's determination of the issues raised in the petition.
  2. 2 Whether the Party Lists submitted comply with constitutional and statutory requirements for representation of marginalized groups.

Ratio Decidendi

The court determined that, given the serious issues raised regarding the compliance of Party Lists with constitutional requirements for representation of marginalized groups, it was necessary to preserve the status quo and prevent the gazettement of County Assembly Representatives based on the disputed lists. The court exercised its discretion to issue interim orders restraining the IEBC from gazetting the nominations until the substantive issues in the petition are heard and determined. This was to ensure that the final decision of the court would not be rendered academic or ineffective by actions taken in the interim.

Court Disposition

Interim orders granted restraining the IEBC from gazetting nominations of County Assembly Representatives based on the Party Lists submitted by political parties, pending the court's ruling on the substantive issues.

Orders

  • The Independent Electoral and Boundaries Commission (IEBC) shall not gazette the nominations of County Assembly Representatives in Kenya based on the Party Lists submitted to it by Political Parties.