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Constitutional Law [2017] KEHC 693 (KLR)

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…

Source excerpt

  • Fair Administrative Action
  • Right To Be Heard
  • Integrity Of Public Officers
  • Election Qualifications
  • Injunctive Relief
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Constitutional Law [2017] KEHC 8893 (KLR)

Johnstone Ewoi Lotiir & Basil Angurae Lokoyan v Jeremiah Ekamais Lomorukai, Indepenent Electoral & Boundaries Commission, Director of Public Prosecutions, Kenya Methodist University & Director of Criminal Investigations

Johnstone Ewoi Lotiir & Basil Angurae Lokoyan v Jeremiah Ekamais Lomorukai, Indepenent Electoral & Boundaries Commission, Director of Public Prosecutions, Kenya Methodist University & Director of Criminal Investigations [2017] KEHC 8893 (KLR)

Court
High Court
Case number
Petition 252 of 2017
Judge
GV Odunga

The High Court held that disputes concerning the integrity and suitability of candidates for elective office, including those arising from nominations, fall within the exclusive jurisdiction of the Independent Electoral and Boundaries Commission (IEBC) as provided by Article 88(4)(e) of the Constitution and section 74 of the Elections Act. The court found that the petitioners had not demonstrated that they had first presented their grievances to the IEBC or that the IEBC had failed or refused to act. The court emphasized that statutory dispute resolution mechanisms must be exhausted before th…

Source excerpt

  • Jurisdiction Of High Court
  • Electoral Disputes
  • Integrity Of Public Officers
  • Exhaustion Of Statutory Remedies
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Constitutional Law [2014] KEHC 2081 (KLR)

Nakuru County Human Rights Network (NAHURINET) v Nakuru County Government & Joseph Lenai

Nakuru County Human Rights Network (NAHURINET) v Nakuru County Government & Joseph Lenai [2014] KEHC 2081 (KLR)

Court
High Court
Case number
Petition 30 of 2014
Judge
A Mshila

The court held that the Petitioner had failed to exhaust the statutory remedies provided under Section 77 of the County Governments Act, which requires aggrieved parties to first raise objections with the County Public Service Board and, if dissatisfied, appeal to the Public Service Commission. The court found that the recruitment process was ongoing and no final decision had been made regarding the appointment of the Interested Party. The evidence presented by the Petitioner was based on hearsay and lacked probative value. The court reiterated that where a statute prescribes a procedure for…

Source excerpt

  • Public Officer Appointments
  • Exhaustion Of Statutory Remedies
  • Public Participation
  • Integrity Of Public Officers
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.