Kenya Case Law

Nduta v Speaker, County Assembly of Kirinyaga & 2 others

Nduta v Speaker, County Assembly of Kirinyaga & 2 others [2024] KEHC 15886 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E027 of 2024

Judge

RM Mwongo

The High Court lacks jurisdiction to grant the orders sought in this miscellaneous application because the process of nomination and gazettement of party list members is an integral part of the electoral process, as established by the Supreme Court in Mwicigi & 14 others v IEBC. Any dispute arising after gazettement must be brought as an election petition before the Election Court, not by way of a constitutional or enforcement application. Furthermore, the IEBC is currently not quorate, and the law requires that only a properly constituted Commission can conduct elections or allocate special…

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• Jurisdiction Of High Court
• Party List Nominations
• Gazettement Of Nominees
• Composition And Quorum Of Commissions

Parent Multi-Purpose Development Group & another v Independent Electoral and Boundaries Commission

Parent Multi-Purpose Development Group & another v Independent Electoral and Boundaries Commission [2024] KEHC 15551 (KLR)

Court

High Court

Case number

Judicial Review Cause E003 of 2023

Judge

DK Kemei

The court held that the IEBC's constitutional and statutory mandate regarding party list nominations is confined to reviewing lists submitted by political parties to ensure compliance with the law. The process of preparing party lists and nominating candidates for special seats is an internal matter for political parties, not the IEBC. The court found that the applicants' request for direct nomination of special interest groups without party involvement is unsupported by law and unworkable within the Kenyan electoral framework. Furthermore, the application was filed outside the statutory peri…

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• Party List Nominations
• Special Interest Group Representation
• Proportional Representation
• Judicial Review Remedies

Obino v Speaker of, Kisii County Government & 3 others

Obino v Speaker of, Kisii County Government & 3 others [2024] KEHC 12082 (KLR)

Court

High Court

Case number

Constitutional Petition E014 of 2023

Judge

TA Odera

The court found that it lacked jurisdiction to entertain the petition because the issues raised had already been determined by competent courts, including the election court, the High Court (on appeal), and the Court of Appeal. The matter was therefore res judicata under Section 7 of the Civil Procedure Act. Additionally, the court held that the claim regarding stoppage of salary was an employment dispute that fell within the exclusive jurisdiction of the Employment and Labour Relations Court. As such, the petition and application were dismissed for want of jurisdiction and for being res judi…

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• Jurisdiction Of High Court
• Res Judicata
• Nomination Of Members Of County Assembly
• Employment Disputes In Public Office
• Election Petition Appeals
• Party List Nominations

Mogeni v Independent Electoral and Boundaries Commission & 2 others; Mogaka (Interested Party)

Mogeni v Independent Electoral and Boundaries Commission & 2 others; Mogaka (Interested Party) [2024] KEHC 9487 (KLR)

Court

High Court

Case number

Petition E006 of 2023

Judge

WA Okwany

The court found that the applicant was not entitled to automatic nomination or swearing-in as the Marginalized (Youth) Category MCA for Nyamira County Assembly. The prior judgment had expressly ordered the 3rd respondent (ODM) to conduct fresh nominations and submit a new party list to the 1st respondent (IEBC) for gazettement. The applicant's claim to be next in line was inconsistent with the court's decree, which required a new nomination process rather than succession by order of the previous list. The court emphasized that nomination under the special categories is an internal party matte…

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• Party List Nominations
• Marginalized Groups Representation
• Gazettement Requirements
• Mandamus Orders
• Enforcement Of Judgments

Mukuru v Independent Electoral and Boundaries Commission (IEBC); Wiper Democratic Movement & another (Interested Parties)

Mukuru v Independent Electoral and Boundaries Commission (IEBC); Wiper Democratic Movement & another (Interested Parties) [2024] KEHC 9012 (KLR)

Court

High Court

Case number

Constitutional Petition E003 of 2024

Judge

GMA Dulu

The court found that the petitioner failed to demonstrate any constitutional or statutory provision empowering the Chief Executive Officer of the IEBC to gazette a nominee to fill a political vacancy in the absence of Commissioners. The IEBC, as a constitutional commission, must act through its Commissioners, and the CEO, being an employee, cannot unilaterally exercise the Commission's powers. Furthermore, the court held that orders cannot be issued against the CEO when that office is not a party to the proceedings. The court distinguished previous cases cited by the petitioner, noting they a…

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• Right To Fair Administrative Action
• Electoral Commission Powers
• Party List Nominations
• Vacancy Filling Procedure

Mukuru v Independent Electroral and Boundaries Commission; Wiper Party Movement & another (Interested Parties)

Mukuru v Independent Electroral and Boundaries Commission; Wiper Party Movement & another (Interested Parties) [2024] KEHC 6854 (KLR)

Court

High Court

Case number

Petition E003 of 2024

Judge

GMA Dulu

The court held that the interlocutory application sought substantive orders which, if granted, would effectively determine the entire petition before it was heard on its merits. Granting such orders at a preliminary stage would be procedurally improper and would pre-empt the main hearing, contrary to established legal principles. The court emphasized that interlocutory relief should be limited to preserving the subject matter and ensuring all parties have an opportunity to ventilate their cases at the substantive hearing. Consequently, the application was dismissed to allow the petition to pr…

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• Right To Fair Administrative Action
• Party List Nominations
• Gazettement Of Members
• Statutory Timelines
• Interlocutory Orders

Parent Multipurpose Development Group & another v Republic & another

Parent Multipurpose Development Group & another v Republic & another [2024] KEHC 965 (KLR)

Court

High Court

Case number

Judicial Review E003 of 2023

Judge

DO Ogembo

The court held that the preliminary objection lacked merit because the High Court retains jurisdiction to interpret the Constitution and determine whether constitutional rights have been violated, even in matters that may also fall within the purview of election petitions under the Elections Act. The court found that the applicant's challenge was not solely an election dispute but raised constitutional questions regarding the right to participate in elections and the proper representation of marginalized groups. The court further held that issues regarding the effect of the orders on non-part…

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• Jurisdiction Of High Court
• Nomination Of Members
• Rights Of Persons With Disabilities
• Party List Nominations

Kipyegomen v Independent Electoral Boundaries Commission & 12 others

Kipyegomen v Independent Electoral Boundaries Commission & 12 others [2023] KEHC 25632 (KLR)

Court

High Court

Case number

Election Petition Appeal E001 of 2023

Judge

RB Ngetich

The High Court found that there is no express statutory requirement for deposit of security for costs in election appeals, but the court has discretion to order such deposit and extend time for compliance where sufficient reason is shown. The Appellant's failure to deposit security for costs was sufficiently explained and he was willing to comply; thus, the appeal was not fatally defective on that ground. Delay in filing and serving the record of appeal was explained in part by delay in obtaining proceedings, and although service was late, the court exercised discretion to deem service as dul…

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• Party List Nominations
• Representation Of Marginalized Groups
• Compliance With Election Timelines
• Security For Costs
• Jurisdiction Of Election Courts
• Pleadings And Scope Of Appeal

United Democratic Movement & another v Independent Electoral and Boundaries Commission & 2 others

United Democratic Movement & another v Independent Electoral and Boundaries Commission & 2 others [2023] KECA 1338 (KLR)

Court

Court of Appeal

Case number

Election Petition Appeal E017 of 2023

Judges

DK Musinga, S ole Kantai, LA Achode

The Court of Appeal lacks jurisdiction to hear a second appeal from the High Court in an election petition concerning the election of a member of county assembly. The Constitution and the Elections Act provide for a single appeal from the Magistrate's Court to the High Court on matters of law only, with no further right of appeal to the Court of Appeal. Section 85A of the Elections Act expressly limits appeals to the Court of Appeal to those concerning the National Assembly, Senate, or County Governor. The omission of county assembly election petitions from this provision is deliberate and re…

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• Jurisdiction Of Court Of Appeal
• Election Disputes County Assembly
• Party List Nominations
• Finality Of Election Petitions
• Right To Be Heard
• Statutory Interpretation

Imbodoka v Independent Electoral and Boundaries Commission & 2 others; Odera & another (Interested Parties)

Imbodoka v Independent Electoral and Boundaries Commission & 2 others; Odera & another (Interested Parties) [2023] KEHC 22885 (KLR)

Court

High Court

Case number

Constitutional Petition 4 of 2022

Judge

JN Kamau

The High Court upheld a preliminary objection and dismissed a constitutional petition challenging party-list nominations to the Vihiga County Assembly for lack of jurisdiction.

• Jurisdiction Of High Court
• Party List Nominations
• Exhaustion Of Statutory Remedies
• Political Parties Disputes
• Proportional Representation
• Disability Rights In Elections