Wangari Jackson Muturi v Independent Electoral and Boundaries Commissio [2017] KEHC 9057 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW DIVISION

ELECTION NOMINATION APPEAL NO.410 OF 2017

WANGARI JACKSON MUTURI............................................................APPLICANT

VERSUS

INDEPENDENT ELECTORAL AND

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

RULING

The Returning Officer of Jomvu Constituency in Mombasa County declined to accept the Applicant’s nomination by Maendeleo Chap Chap Party to offer his candidature for the Mikindani Ward on the ground that the Applicant, from the records kept by the Respondent, was a member of two political parties. The Applicant was aggrieved by this decision. He lodged a complaint before the Respondent’s Nomination Disputes Resolution Committee. The complaint was dismissed on 9th June 2017. According to the Applicant, he obtained a copy of the decision on 16th June 2017. He did not file the present application seeking leave to institute Judicial Review proceedings to quash that decision until 30th June 2017.

This court noted that the names of those who will be candidates for the various seats on offer in the General Elections to be held on 8th August 2017 has already been gazetted by the Respondent vide The Kenya Gazette Notice published on 30th June 2017. In the premises therefore, it is clear that the Applicant delayed in presenting his application before this court. What he seeks to be undone by way of Judicial Review cannot be undone because the Applicant is time barred. This court will therefore not grant the leave sought by the Applicant. To do so, will be an exercise in futility. The application is hereby dismissed but with no orders as to cost. It is so ordered.

DATED AT NAIROBI THIS 11TH DAY OF JULY 2017

L. KIMARU

JUDGE