Republic v Independent Electrol and Boundaries Commission interested party Margaret Nenkai Yenko ex-parte Catherine Kimaren [2013] KEHC 6199 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW DIVISION

JR CASE  NO. 239 OF 2013

REPUBLIC...........................................................................APPLICANT

VERSUS

THE INDEPENDENT ELECTORAL

AND BOUNDARIES COMMISSION...............................RESPONDENT

MARGARET NENKAI YENKO..............................INTERESTED PARTY

CATHERINE K.............................................EX-PARTE

JUDGMENT

The Ex-parte Applicant Catherine Kimaren, being dissatisfied with the decision of the Respondent, the Independent Electoral and Boundaries Commission (IEBC) in COMPLAINT NO. IEBC/NDRC/ PL/13/2013- SILVIA SIOLE NKAINATIE  V TNA lodged these judicial review proceedings.  According to the statutory statement dated 11th July, 2013 the Applicant faults the Respondent for allegedly acting ultra vires the powers donated to it by Section 34-37 of the Elections Act, 2011.  It is the Applicant’s case that the Respondent failed to take into account relevant matters in dismissing the complaint she had raised before its Disputes Resolution Committee (the Committee). The Respondent is also accused of acting unfairly and arbitrarily by omitting the Applicant’s name for the TNA party’s nominee list for Narok County Assembly.

The application is opposed by the Respondent and the Interested Party (Margaret Nenkai Yenko).  Their case is that the Respondent acted legally, reasonably and fairly and the Applicant has not established any grounds for the grant of the orders sought.

We have considered the arguments made by the parties herein and we find as follows:-

The issue of preparation and submission of lists to IEBC is a party issue and any dispute arising therefrom should be dealt with using the party internal mechanism for resolving disputes.  Any dispute unsolved by the party’s internal mechanisms can be escalated to the Political Parties Tribunal created under the Political Parties Act, 2011.

The Respondent considered the material placed before it and reached a decision based on the evidence and facts placed before it.  There is no evidence that the Respondent breached the law or acted unreasonably.

For the foregoing reasons, we find that the Applicant has not established any grounds for the grant of the orders sought.  Her application is therefore dismissed with no orders as to costs.

Dated, signed and delivered at Nairobi this   12th  day of  July,  2013

MUMBI NGUGI,               D. S. MAJANJA,                W. K. KORIR,

JUDGE                             JUDGE                             JUDGE