[2013] KEHC 5592 (KLR)
The court held that the issue before the IEBC Dispute Resolution Committee was one of fact—specifically, the identity of the rightful nominee for the ODM party list for Nyamira County Assembly. The Committee acted reasonably by referring the matter to the ODM party for clarification and adopting the party's...
Source-derived case information.
- Citation
- [2013] KEHC 5592 (KLR)
- Parties
- Applicant: Wilkister Kerubo Mosomi; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Wilkister Kwamboka Onsando; Respondent: Orange Democratic Movement
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 206 of 2013
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application dismissed
- Legal Topics
- Party List Nomination, Electoral Dispute Resolution, Judicial Review of Iebc, Nominee Identity Verification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilkister Kerubo Mosomi
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Wilkister Kwamboka Onsando
Respondent
Orange Democratic Movement
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the IEBC Dispute Resolution Committee acted lawfully in confirming Wilkister Kwamboka Onsando as the ODM nominee for Nyamira County Assembly.
- 2 Whether the court should interfere with the Committee's decision regarding the identity of the nominee.
Ratio Decidendi
The court held that the issue before the IEBC Dispute Resolution Committee was one of fact—specifically, the identity of the rightful nominee for the ODM party list for Nyamira County Assembly. The Committee acted reasonably by referring the matter to the ODM party for clarification and adopting the party's confirmation of its nominee. There was no evidence of procedural impropriety or illegality in the Committee's approach. As such, the court found no basis to interfere with the Committee's decision, emphasizing that judicial review does not extend to re-evaluating factual determinations made by specialized bodies unless there is a clear breach of law or procedure.
Court Disposition
application dismissed
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 206 OF 2013
BETWEEN
WILKISTER KERUBO MOSOMI .................................... APPLICANT
AND
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ............................. 1ST RESPONDENT
WILKISTER KWAMBOKA OSANDO .................. 2ND RESPONDENT
ORANGE DEMOCRATIC MOVEMENT ................ 3RD RESPONDENT
JUDGMENT
By its decision made on 4th May 2013, the IEBC Dispute Resolution Committee (“the Committee”) indicated Wilkister Kerubo Mosomi as the Orange Democratic Movement (“ODM”) party list nominee for Nyamira County Assembly and not Wilkister Kwamboka Onsando.
In a subsequent decision delivered on 7th June 2013, Wilkister Kwamboka Onsando was indicated as the Nyamira County Assembly nominee for the ODM Party. The applicant’s case is that IEBC nominated Wilkister Kwamboka Onsando instead of Wilkister Kerubo Otochi. She claims that she is also known as Wilkister Kerubo Mosomi.
According to the replying affidavit of Moses Kipkogei sworn on 4th July 2013, during the adjudication process Wilkister Mosomi appeared before the Committee claiming she was Wilkister Otochi and requested that the identification number which was missing in the list be included.
In view of the conflicting identification, the Committee directed the ODM to arbitrate the matter and its executive director confirmed by a letter that its nominee was Wilkister Kwamboka Onsando and not Wilkister Kemunto Otochi. The Committee adopted this decision.
The issue of the identity of the nominee was one of fact which the Committee was bound to resolve on the evidence before it. The approach taken by the Committee was reasonable and we do not think a basis has been laid for the court to interfere.
The application is therefore dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th July 2013
MUMBI NGUGI D.S. MAJANJA W. K. KORIR
JUDGEJUDGE JUDGE