Kenya Case Law

Kithinji v Independent Electoral and Boundaries Commission & 3 others; Ethics & Anti-corruption Commision & another (Interested Parties)

Kithinji v Independent Electoral and Boundaries Commission & 3 others; Ethics & Anti-corruption Commision & another (Interested Parties) [2022] KEHC 3239 (KLR)

Court

High Court

Case number

Constitutional Petition E005 of 2022

Judge

EM Muriithi

The High Court at Meru dismissed a petitioner's application to compel production of academic records and to cross-examine respondents, finding no basis under Article 35 or the Evidence Act.

• Access To Information
• Burden Of Proof
• Production Of Documents
• Leadership And Integrity
• Election Qualifications
• Access-to-information

Republic v Chebukati & 2 others; Wanjigi (Exparte)

Republic v Chebukati & 2 others; Wanjigi (Exparte) [2022] KEHC 9843 (KLR)

Court

High Court

Case number

Miscellaneous Application E083 of 2022

Judge

J Ngaah

The High Court dismissed a judicial review challenge to IEBC’s rejection of Jimi Wanjigi’s presidential nomination, holding that the court could not re-evaluate the merits.

• Judicial Review
• Election Qualifications
• Presidential Nomination
• Statutory Interpretation
• Procedural Fairness
• Judicial-review

Musyoka v Returning Officer, Independent Electoral and Boundaries Commission, Machakos County & 3 others

Musyoka v Returning Officer, Independent Electoral and Boundaries Commission, Machakos County & 3 others [2022] KEHC 160 (KLR)

Court

High Court

Case number

Constitutional Petition E004 of 2021

Judge

GV Odunga

High Court held that section 22(1A) of the Elections Act did not apply to the Machakos senatorial by-election, but dismissed the petition on that basis.

• Election Qualifications
• Statutory Interpretation
• Burden Of Proof
• Judicial Review
• Nomination Disputes
• Election-qualifications

Aden Mukhtar Bare v Ali Bunow Korane; Independent Electoral and Boundaries Commission, Ethics and Anti Corruption Commission Commission for University Education & Abdi Dagane Muhumed (Interested Parties)

Aden Mukhtar Bare v Ali Bunow Korane; Independent Electoral and Boundaries Commission, Ethics and Anti Corruption Commission Commission for University Education & Abdi Dagane Muhumed (Interested Parties) [2019] KEHC 4169 (KLR)

Court

High Court

Case number

Petition 387 of 2018

Judge

AN Makau

The court found that the applicant, as Deputy Governor, demonstrated a direct and proximate legal interest in the petition, which seeks the removal of the Governor. The Deputy Governor was elected on a joint ticket with the Governor, and under Article 182(2) of the Constitution, would assume office if the Governor's position becomes vacant. The court held that the applicant satisfied the legal threshold for joinder as an interested party, having shown a personal stake, potential prejudice in case of non-joinder, and the relevance of his intended submissions. The court exercised its discretion…

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• Joinder Of Parties
• Deputy Governor Rights
• Removal From Office
• Election Qualifications

Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad, Ahmed Muhumed Abdi, Gichohi Gatuma Patrick & Independent Electoral Boundaries Commission

Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad, Ahmed Muhumed Abdi, Gichohi Gatuma Patrick & Independent Electoral Boundaries Commission [2018] KESC 62 (KLR)

Court

Supreme Court

Case number

Petition 7 & 9 of 2018

Judge

I Lenaola

Supreme Court allowed an election appeal application to adduce additional evidence on academic qualifications, holding that such evidence may be received in exceptional cases.

• Admission Of Additional Evidence
• Appellate Jurisdiction
• Fair Trial Rights
• Election Qualifications
• Procedural Fairness
• Burden Of Proof

Republic v Political Parties Tribunal, Clerk Wajir County Assembly,Katluma Abdulahim Maalim & Kenya African National Union Partty Ex parte Saadia Ahmed Mumin

Republic v Political Parties Tribunal, Clerk Wajir County Assembly,Katluma Abdulahim Maalim & Kenya African National Union Partty Ex parte Saadia Ahmed Mumin [2018] KEHC 8253 (KLR)

Court

High Court

Case number

Judicial Review Application 576 of 2017

The High Court dismissed an application to compel production of academic documents, holding the request was not properly grounded in Article 35 and belonged before the Election Court.

• Access To Information
• Judicial Review
• Election Qualifications
• Burden Of Proof
• Access-to-information
• Judicial-review

Mohamed Dado Hatu v Dhadho Gaddae Godhana, Returning Officer, Tana River County & Independent Electoral and Boundaries Commission

Mohamed Dado Hatu v Dhadho Gaddae Godhana, Returning Officer, Tana River County & Independent Electoral and Boundaries Commission [2017] KEHC 2046 (KLR)

Court

High Court

Case number

Election Petition 1 of 2017

The High Court at Garsen dismissed an application to strike out an election petition, holding that the petition was not res judicata and could proceed.

• Res Judicata
• Election Qualifications
• Jurisdiction Of Election Court
• Academic Credentials
• Pre Election Disputes
• Res-judicata

Franklin Mithika Linturi v Independent Electrical & Boundaries Commission,Returning Officer, Meru County,Ethics & Anti-Corruption Commission & Babra Nkirote Muriithi

Franklin Mithika Linturi v Independent Electrical & Boundaries Commission,Returning Officer, Meru County,Ethics & Anti-Corruption Commission & Babra Nkirote Muriithi [2017] KEHC 693 (KLR)

Court

High Court

Case number

Petition 13 of 2017

Judge

SJ Chitembwe

The court found that the petitioner had not established a prima facie case to warrant the grant of an injunction or conservatory order. The integrity report prepared by the 3rd respondent did not constitute a final decision barring the petitioner from contesting the senatorial seat, nor did it recommend prosecution or exclusion from the election. The investigation process was ongoing, and the petitioner had been given an opportunity to appear before the 3rd respondent to respond to the allegations. The court held that the petitioner's apprehension of being barred from the election was specula…

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• Fair Administrative Action
• Right To Be Heard
• Integrity Of Public Officers
• Election Qualifications
• Injunctive Relief

Stephen Kiguta Gichinga, Joshua Njoroge Njau, Esther Wanjiru Ndirangu, Ezekiel Waiguru Kamau, Benson Nene Githinji, Stephen Korio Kanja & Waiganjo David Nganga v Independent Electoral and Boundaries Commission & Attorney General

Stephen Kiguta Gichinga, Joshua Njoroge Njau, Esther Wanjiru Ndirangu, Ezekiel Waiguru Kamau, Benson Nene Githinji, Stephen Korio Kanja & Waiganjo David Nganga v Independent Electoral and Boundaries Commission & Attorney General [2017] KEHC 8939 (KLR)

Court

High Court

Case number

Petition 285 of 2017

The court found that the disqualifications of the petitioners from nomination as Members of County Assembly were based on valid constitutional, statutory, and regulatory grounds. The petitioners failed to comply with requirements such as proper proposers, sufficient supporters, timely submission of nomination papers, and adherence to prescribed regulations. The Dispute Resolution Committee acted within its legal mandate and jurisdiction, and there was no evidence of illegality, irrationality, or procedural impropriety in its decisions. The court emphasized that judicial review is not an appea…

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• Right To Fair Administrative Action
• Nomination Disputes
• Judicial Review
• Election Qualifications
• Disqualification Of Candidates
• Supervisory Jurisdiction

Republic v Chairman, Political Parties Disputes Tribunal, Margaret Wanjiru Kiiru, Jubilee Party & Independent Electoral and Boundaries Commission Ex Parte Susan Kihika Wakarura

Republic v Chairman, Political Parties Disputes Tribunal, Margaret Wanjiru Kiiru, Jubilee Party & Independent Electoral and Boundaries Commission Ex Parte Susan Kihika Wakarura [2017] KEHC 4968 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 305 of 2017

Judge

GV Odunga

The High Court held that the Political Parties Disputes Tribunal lacked jurisdiction to interpret constitutional provisions such as Article 99(2) regarding qualifications for election as Senator, as such interpretative authority is reserved for the High Court under the Constitution. The Tribunal's jurisdiction under section 40 of the Political Parties Act is limited to specific disputes, and the dispute in question was not between an independent candidate and a political party, but rather between two candidates. Furthermore, the Tribunal acted unlawfully by proceeding to deliver its decision…

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• Judicial Review
• Jurisdiction Of Tribunals
• Interpretation Of Constitution
• Political Parties Disputes
• Election Qualifications