[2017] KEHC 9057 (KLR)
The court found that the applicant delayed in presenting his application for leave to institute judicial review proceedings, as the gazettement of candidates for the General Elections had already taken place. The statutory timelines for challenging such decisions are strict in electoral matters, and the relief...
Source-derived case information.
- Citation
- [2017] KEHC 9057 (KLR)
- Parties
- Applicant: Wangari Jackson Muturi; Respondent: Independent Electoral and Boundaries Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Appeal 410 of 2017
- Procedural Posture
- Election Petition / Ruling on Application for Leave to Institute Judicial Review Proceedings
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Judicial Review, Election Nominations, Time Barred Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wangari Jackson Muturi
Applicant
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Election Petition / Ruling on Application for Leave to Institute Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant was entitled to leave to institute judicial review proceedings to quash the respondent's decision.
- 2 Whether the application was filed within the required time limits for judicial review.
- 3 Whether the gazettement of candidates rendered the application futile.
Ratio Decidendi
The court found that the applicant delayed in presenting his application for leave to institute judicial review proceedings, as the gazettement of candidates for the General Elections had already taken place. The statutory timelines for challenging such decisions are strict in electoral matters, and the relief sought could not be granted after the gazettement. Granting leave would be futile since the administrative act sought to be quashed was already finalized and could not be undone. Therefore, the application was dismissed for being time barred and for lack of utility.
Court Disposition
application dismissed
Orders
- The application for leave to institute judicial review proceedings is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
ELECTION NOMINATION APPEAL NO.410 OF 2017
WANGARI JACKSON MUTURI............................................................APPLICANT
VERSUS
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION..........................................................RESPONDENT
RULING
The Returning Officer of Jomvu Constituency in Mombasa County declined to accept the Applicant’s nomination by Maendeleo Chap Chap Party to offer his candidature for the Mikindani Ward on the ground that the Applicant, from the records kept by the Respondent, was a member of two political parties. The Applicant was aggrieved by this decision. He lodged a complaint before the Respondent’s Nomination Disputes Resolution Committee. The complaint was dismissed on 9th June 2017. According to the Applicant, he obtained a copy of the decision on 16th June 2017. He did not file the present application seeking leave to institute Judicial Review proceedings to quash that decision until 30th June 2017.
This court noted that the names of those who will be candidates for the various seats on offer in the General Elections to be held on 8th August 2017 has already been gazetted by the Respondent vide The Kenya Gazette Notice published on 30th June 2017. In the premises therefore, it is clear that the Applicant delayed in presenting his application before this court. What he seeks to be undone by way of Judicial Review cannot be undone because the Applicant is time barred. This court will therefore not grant the leave sought by the Applicant. To do so, will be an exercise in futility. The application is hereby dismissed but with no orders as to cost. It is so ordered.
DATED AT NAIROBI THIS 11TH DAY OF JULY 2017
L. KIMARU
JUDGE