[2013] KEHC 6488 (KLR)
The court held that it lacked jurisdiction to entertain the application for judicial review because the Elections Act, 2011 provides that any challenge to the election or nomination of a county assembly member must be brought by way of an election petition. Since the applicants sought to set aside the gazettement of...
Source-derived case information.
- Citation
- [2013] KEHC 6488 (KLR)
- Parties
- Applicant: Unity Party of Kenya; Applicant: Lucyline Karimi Murithi; Respondent: Independent Electoral and Boundaries Commission; Interested Party: Angeline Akai Lodi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 300 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- application dismissed for want of jurisdiction
- Judges
- DAS Majanja
- Legal Topics
- Jurisdiction of High Court, Challenge to Nomination, Gazettement of Elected Members
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Unity Party of Kenya
Applicant
Lucyline Karimi Murithi
Applicant
Independent Electoral and Boundaries Commission
Respondent
Angeline Akai Lodi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the High Court has jurisdiction to set aside the gazettement of a nominated county assembly representative through judicial review proceedings.
- 2 Whether the proper procedure to challenge the nomination and gazettement of a county assembly member is by way of an election petition.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the application for judicial review because the Elections Act, 2011 provides that any challenge to the election or nomination of a county assembly member must be brought by way of an election petition. Since the applicants sought to set aside the gazettement of the interested party as a nominated representative through judicial review, their application was procedurally improper and could not succeed. The court therefore declined to grant leave and dismissed the application.
Court Disposition
application dismissed for want of jurisdiction
Orders
- Leave sought in the Chamber Summons dated 16th August 2013 is declined.
- The application is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISC. APPL. NO. 300 OF 2013
BETWEEN
UNITY PARTY OF KENYA.................................... 1ST APPLICANT
LUCYLINE KARIMI MURITHI …………………2ND APPLICANT
AND
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ……...............................................1ST RESPONDENT
AND
ANGELINE AKAI LODI…………………....INTERESTED PARTY
RULING
By the Chamber Summons dated 16th August, 2013, the ex-parteapplicants seek to set aside the gazettement of the interested party as a nominated representative to the Tharaka-Nithi County Assembly.
The members of the County Assembly were duly gazetted by the gazette notice published on 17th July 2013. In the circumstances, the only way the election can be challenged is through an election petition and not through an application for judicial review as provided in the Elections Act, 2011.
As this application has no prospects of success and the court lacks the jurisdiction to intervene in the manner suggested by these proceedings, leave sought in the Chamber Summons dated 16th August 2013 is declined and the application dismissed.
DATED and DELIVERED at NAIROBI this 19th day of August 2013.
D.S. MAJANJA
JUDGE