Robert Momanyi v Independent Electoral & Boundaries Commission & Fredrick Hussein [2017] KEHC 9574 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION

JUDICIAL REVIEW NO. 444` OF 2017

ROBERT MOMANYI......................................................................................APPELLANT

VERSUS

INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION...1ST RESPONDENT

FREDRICK HUSSEIN......................................................................INTERESTED PARTY

RULING

This court has jurisdiction to hear this matter. There are decided cases supporting this position. This court need not cite them in light of the expedition that is required for disposal of pre-election nomination disputes. Since the Applicant wishes to comply with the order issued by Independent Electoral  & Boundaries Commission (IEBC), this court favourably considers his plea for reduction of the fine that was imposed on him from Kshs.250,000/- to Kshs.100,000/-. The Applicant shall pay this sum on or before 5. 00 p.m. on 21st July 2017 or in default he shall be excluded from the ballot. There shall be no orders as to costs. It is so ordered.

DATED AT NAIROBI THIS 20TH DAY OF JULY 2017

L. KIMARU

JUDGE