Elijah Omondi v Orange Democratic Party, Judy Pareno, Bob Arunga, Odiwuor Ong’wen, David Onyango Orao & Independent Electoral and Boundaries Commission [2017] KEHC 8941 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

MISC. ELECTION PETITION APPEAL NO. 26 OF 2017

ELIJAH OMONDI.............................................PLAINTIFF/APPLICANT

AND

ORANGE DEMOCRATIC PARTY.....1ST DEFENDANT/RESPONDENT

JUDY PARENO.................................2ND DEFENDANT/RESPONDENT

DR. BOB ARUNGA...........................3RD DEFENDANT/RESPONDENT

ODIWUOR ONG’WEN......................4TH DEFENDANT/RESPONDENT

DAVID ONYANGO ORAO.................5TH DEFENDANT/RESPONDENT

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION........................... INTERESTED PARTY

RULING

1. The application seeks to enforce the orders of the Political Parties Disputes Tribunal (‘the Tribunal”) which were contained in the judgment delivered on 18th May 2017.  The orders and decree were said to have been served on the respondents who had wilfully failed to comply.

2. This is not an appeal from the decision of the Tribunal as envisaged under Section 41(2) of the Political Parties Act, No. 11 of 2011.

3. Under section 41(3) of the Act orders of the magistrates’ courts can be enforced.

4. Under section 10 of the Magistrates Courts Act No. 26 of 2015 the magistrates courts have powers to punish for contempt.

5. It follows that the Tribunal can enforce its own orders and punish anyone who is in contempt of such orders.

6. The result is that the applicant is in the wrong forum.  This court lacks the jurisdiction to hear and determine the application. The same is struck out.

DATED, DELIVERED and SIGNED at NAIROBI this 5TH day of JUNE 2017.

A.O. MUCHELULE

JUDGE