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A) MATTERS ON CROSS-CUTTING ELECTORAL ISSUES

1. Constitutional In Re the Matter of M. K. Ibrahim Whether Supreme court could Court could adopt court of appeal November 2, 2011 Application No. 1 Commission for the S. Wanjala(SCJJ) adopt proceedings of court of proceedings including the of 2011 Implementation of appeal pleadings the Constitution

2. Constitutional In Re the Matter of W.M. Advisory Opinion on Election The issues to be litigated and December 20, Application No. 2 the Interim Mutunga(CJ), date resolved in the High court as the 2011 of 2011 Independent Nancy Baraza petitions raised issues on Electoral (DCJ) constitutional interpretation Commission Tunoi, Ibrahim, Ojwang, Wanjala& Ndung‟u (SCJJ)

3. Advisory Opinion In the Matter of the W.M. Advisory opinion on question Article 81(b) is amenable only to December 11, Application No. 2 Principle of Gender Mutunga(CJ),Na of gender representation in progressive realization even 2012 of 2012 Representation in the ncy Baraza(DCJ) Parliament(a third gender though it is immediately National Assembly Tunoi, Ibrahim, rule) and issue of run-off applicable in the case of County and Senate Ojwang, In particular: Whether Article Assemblies under Article 177. Wanjala& 81(b) as read with Article

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Ndung‟u(SCJJ) 27(4), 27(6), 27(8), Article 96, Unanimously, the Supreme Court 97, 98, 177(1)(b), 116 and 125 opined that in the event of a of the Constitution requires second round of election, the progressive realization of the words “within thirty days after the one third gender rule or if it is previous election” should be read required to be implemented in to mean thirty days from the date the first general elections on which disputes in respect of under the Constitution. the first round will have been resolved. Whether an unsuccessful candidate in the first round of The validity of the Presidential presidential election under election is not for determination Article 136 or any other person only after the administrative is entitled to petition the pronouncement of the final result Supreme Court to challenge but at any stage in the critical the outcome of the first round steps of the electoral process of the said election under Article 140 or any other constitutional provision. Whether the second round of Presidential elections must be held within 30 days regardless of whether there is a justiciable

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dispute as to the conduct of the first round.

4. PETITION John Harun Mwau & I. Lenaola, Date of the First Elections Elections could only be held January 13, 2012 65/2011 3 others v Attorney M. Ngugi & under the New Constitution within sixty(60) days from the General & 5 others D.S. Majanja(JJ) date of dissolution of the National Coalition or within sixty(60) days from the expiry of the term of the National Assembly in January 15, 2013

5. Civil Appeal 74 & Centre for Rights D.K. Maraga J. Date of first election under the The only body left to fix the date July 31, 2012 82 of 2012 Education and Constitution. for the first general election under Awareness & another the current constitution is the v John Harun Mwau IEBC and the date of 4th March & 6 others 2013 that it has fixed being within sixty days of 14th January 2013 is lawful and cannot be faulted.” 6. Misc. Appl. 94 of Republic v IEBC & M. Warsame, RN Whether court exercising There is no jurisdiction under the May 30, 2012 2012 another ex parte Sitati, HA jurisdiction under Article 89 as provisions of Article 89(11) or Eliot Lidubwi Kihusa Omondi, P read with section 36 of the 259(9) of the Constitution to & 5 others Nyamweya, D IEBC Act and regulation 5 of extend time limited for filing an Majanja(JJ) the Fifth Schedule had application for review.

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jurisdiction to extend time of The last effective date of filing the filing. application for review was therefore 10thApril 2012. All applications and Petitions filed after 10th April 2012 were filed out of time

7. PETITION Mohamed Abdille & Lenaola, Mumbi, Question as to the Delimitation of wards and January 30, 2013 82/2011 16 Others V Attorney Githua JJ constitutionality of constituencies in

General & Another delimitation of wards and was subject of the court‟s (Consolidated) constituencies by the IEBC consideration in JR 94 of 2012 in across the country. Challenge which court gave specific orders as to the delimitation of Wajir concerning delimitation of both East and Wajir South Wajir West and Wajir South constituencies in Wajir County. constituencies. The orders have not been overturned by an appellate process 8. Constitutional Randu Nzai Ruwa & Mwera, Muriithi, Application on behalf of Neither the Applicants as December 20, Application No. 6 2 Others V The Nzioka, Tuiyott, Mombasa Republican Council individuals acting on behalf of 2012 of 2012 Secretary, Mwongo JJ) (“MRC”) seeking court‟s MRC, nor the MRC as an Independent determination that the rights unregistered, amorphous body Electoral And of the people in the "Coast espousing an unconstitutional Boundaries Region", to determine their agenda, has neither the locus

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Commission & 9 political and socio-economic standi nor the legal competency to Others destinies, have been infringed bring the Originating Motion or upon in various ways by the the Interlocutory Motion, or to be Respondents. entitled to pursue the reliefs Challenge on the standing of sought. IEBC as successor of IIBRC. Question as to whether the Application struck out, each Party Applicants, or the MRC to bear its own costs. entitled to constitutional protections under the Constitution 2010 when such body or person is neither a legal entity or registered or recognised under any law of the land.

9. PETITION International Centre M. Mbogholi, Exercise of High Court‟s Any question relating to the February 15, 2013 552/2012 for Policy and L. Kimaru, jurisdiction under Article 165 qualification or otherwise of a Conflict & 5 others v H.A. Omondi, where there are alternative person who has been duly The Hon. Attorney P. Nyamweya mechanisms. nominated to contest the post of General & 4 others GK Kimondo(JJ) president can only be determined (“Integrity Case”) High Court‟s jurisdiction in by the Supreme Court. adjudicating matters relating The High court lacks jurisdiction

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to qualification of candidates to entertain questions relating to running for presidential posts. election of the President. Where there are alternative forms of redress to deal with a specific issue, the jurisdiction of the High Court should not be invoked unless such mechanisms have been exhausted. Petition dismissed. 10. PETITION Charles Omanga & I. Lenaola, J. Whether the provisions of Public officers who may wish to August 2, 2012 2/2012 another v IEBC & Section 43(5) of the Election run for elective positions cannot another Act, 2011 requiring the have one leg in public service and resignation of State officers another at their elective area. The seven (7) months prior to the Law was designed to aid them elections while at the same make up their minds on where time excluding other categories they want to maximize their of State of public officers was energies. discriminatory. Seven months before the election date was sufficient time for public officers to prepare themselves to meet their fate at the election box. Petition dismissed. Each party to bear own costs.

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11. PETITION Johnson Muthama v N. Mumbi J. Whether certain sections of Sections 22(1)(b) and section June 29, 2012 198/2011 Minister for Justice Elections Act 24(1)(b) of the Elections Act 2011 and Constitutional unconstitutional in as far as which bar persons not holding a Affairs & another they tend to limit by requiring post-secondary school post-secondary qualifications qualification from being for prospective candidates. nominated as candidates for elective office are unconstitutional and in violation of petitioners‟ rights 12. PETITION Esposito Franco v I. Lenaola, J. Whether Article 99(2)(c) of Article 99(2)(c) of the January 11, 2013 78/2012 IEBC & another the Constitution has Constitution disqualifies any prospective effect and applies person who has not been a only Kenyans who become Kenyan citizen for a period of at citizens of after the least “ten (10) years immediately effective date. preceding the date of election.” The Submissions by the Petitioner Whether Article 99(2)(c) of that Article 99(2)(c) has the Constitution prospective effect and only affects discriminatory in nature by persons who become citizens of classifying citizens into Kenya after the effective date of categories of sets who are first the Constitution cannot be true. among equals. Petition lacks merit. Petitioner ordered to pay costs as he had

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sought interpretation of the Article for his own benefit.

13. PETITION 288 of Stephen Asura & N. Mumbi, J. The petitioners sought to The court did not have December 14, 2011 Others v. ODM & restrain the confirmation of jurisdiction over the matter in 2011. Others grassroot elections of light of the nature of the dispute held at and the parties involved. It the City Hall in Starehe ordered the 1st Respondent to put Constituency for being in place mechanisms for resolving unconstitutional. the petitioners‟ grievances, failing They sought to have the matter which the petitioners would have referred to arbitration. recourse to the PPDT.

14. PETITION 220 of Engineer Ephraim N. Mumbi, J. Petitioner challenged the The petitioner was under an January 21, 2013. 2011 Maina v. IEBC constitutionality of the obligation to exhaust the internal decision by the Safina Party to party dispute resolution expel him from the party as it mechanism. If aggrieved at the was likely to lead to the loss of party level or if the party refused his seat as Member of to activate the party mechanism, Parliament for Mathira the petitioner would have constituency. recourse to the PPDT. Preliminary objection upheld and petition dismissed.

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15. PETITION International Centre D.S. Majanja, J. IEBC accused of failing to The questions raised by parties October 26, 2012 398/2012 for Policy and develop compulsory rules and raise important and fundamental Conflict v Attorney regulations requiring issues about our electoral process General & another candidates to produce their but the court cannot act in the background information on absence of a real dispute between oath to afford citizens a chance the petitioner and the to genuinely scrutinize respondents. candidates that may be elected to public offices. The petition is premature There is no violation or IEBC accused of failing to threatened violation of facilitate honest and public fundamental rights and under the disclosure and scrutiny of bill of rights under Article 22 or candidates for elections threat or contravention of the contrary to the national values Constitution under Article 258(1) and Kenya‟s international obligations.

16. PETITION Francis Gitau D.S. Majanja, J. Jurisdiction of High Court in Article 88(4) and section 74(1) of August 22, 2012 356/2012(Consoli Parsimei v National challenging nomination for the Elections Act, 2011 provide for dated with Party Alliance and election to parliament alternative modes of dispute Petition others resolution specific to nomination

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359/2012) process. The court cannot entertain nomination disputes where such a process has not been invoked or where it has been demonstrated that the process has failed.

17. PETITION Evans Misati James v D.S Majanja, J. Interpretation and Section 26 of the Elections Act November 5, 2012 327/2012 IEBC & another constitutionality of section 26 does not violate Articles 27, 43 (Consolidated with of the Elections Act, 2011 and 44 of the Constitution. Petition no. 328 of which provides that a person 2012- Hon John who directly or indirectly The two Petitions namely Petition Harun Mwau & 7 participates in any manner in Nos. 327 of 2012 and 328 of 2012 Others v IEBC & 2 fundraising or harambee dismissed others) within eight months preceding a general election or during an election period is disqualified from contesting in the election.

18. PETITION Kituo Cha Sheria v D.S. Majanja J Right of prisoners to register as IEBC directed to put in place January 21, 2013 574/2012 IEBC & another voters and participate in voting measures to ensure that prisoners in General elections who are registered to vote are able to vote in first General Election.

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Further, that the electoral body puts in place and implements measures to ensure realization of the right of prisoners to register to vote and vote in future elections and referenda.

19. PT 12/2013 Bishop Donald D.S. Majanja J. Whether a person who holds By virtue of Article 78(2), a January 28, 2013 Kisaka Mwawasi v dual citizenship is qualified person who holds dual citizenship Attorney General & 2 under the Constitution to cannot run for elective office as a others contest elective office. Member of Parliament.

Whether there is conflict The notice issued by IEBC, in so between Article 99 and far as it relates to qualification of interpretation provisions dual citizens not being able to under Article 260. stand for elections is not ultra vires or illegal. Whether the definition of State officer or State office under The provision of one part of the Article 260 violates the Constitution cannot violate petitioner‟s right under Article another. Article 2(3) clearly 10 and 38. stipulates that the validity or legality of the Constitution is not

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subject to challenge by or before any court.

20. PETITION New Vision D.S Majanja J. Right of Kenyans living outside The right of citizens to vote November 15, 331/2012 Kenya(NVK Kenya to vote guaranteed under Article 38(3) is 2012 Mageuzi) & others v not absolute and may be subject Attorney General & to reasonable restrictions. Such another restrictions for citizens residing outside Kenya are that that right is progressively realized.

21. PETITION 268 & Micah Kigen & 2 D.S Majanja J. Meaning of „special interests’ „special interests including‟ must November 15, 398/2012. others v Attorney under Article 97(1) have a broad and expanded 2012 General & 2 others Whether section 39(4) of the meaning to cover interests Elections Act is identified by political parties and unconstitutional for permitting not restricted to the categories of political parties to include interest groups identified by the candidates for the position of Constitution.‟ President and deputy- President in the part Section not unconstitutional. nomination list.

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22. PETITION Michael Wachira D.S Majanja J. Whether court should grant Grant of conservatory orders December 5, 2012 549/2012 Nderitu & 3 others v conservatory orders rejected Mary Wambui restraining IEBC and TNA Court observed that nomination Munene & 2 others from nominating or yet to take place and when it does registering the 1st Respondent and it infringes on the as candidate for the office of Constitution, the court can set it Member of parliament for aside without difficulty as the matter is really a party matter.

23. PETITION Jeffer Issak Kaur v I. Lenaola, J. Whether Kenyans living in the Right to vote to be progressively January 11, 2013 556/2012 Ministry of Justice, diaspora can exercise their achieved. National Cohesion right to vote in the elections and Constitutional slated for March, 2013. In the circumstances, this is not Affairs and 3 Others the situation in which the Court can intervene by way of the orders sought. The law provides for the enactment of law to provide for the „progressive realization‟ of the rights if the Kenyans living in the diaspora to vote.

Court orders must be issued in a manner that would sustain

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democracy rather than stifle it or impede the realization of its gains. It is less than 60 days to the next election and any further delay in the preparation thereof would only lead to a frustration that may implode the Nation. The IEBC needs time to set the stage for a credible election and any set- backs will not assist it in that regard The government and IEBC to put in place concrete, efficient mechanisms to ensure all citizens living abroad take part in the General Elections following the March 2013 elections.

24. PETITION 446 of Isaac Aluoch Polo D.S. Majanja J. The culpability of state officers Article 77(2) cannot be read in PETITION 446 of 2012 Aluochier v. A-G for contravening the isolation but must be read 2012 Constitution, and particularly together with Chapter Six of the Article 77(2) which provides Constitution. Parliament has that „any appointed state enacted the Ethics and Anti-

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officer shall not hold office in a corruption Act and the Leadership political party‟. and Integrity Act to provide a framework for enforcing Chapter Six. It was neither shown that any body charged with enforcing the chapter had failed, neglected or refused to act nor that any of the petitioner‟s fundamental rights had been breached. The petition was dismissed.

B) MATTERS ARISING FROM POLITICAL PARTIES NOMINATIONS

HIGH COURT AT

25. JR 452/2012 R v The Commission of G.V. Odunga Application to stop the IEBC At the time these proceedings January 28, 2013 Administrative Justice from acting on were instituted there is no Exparte John Ndirangu recommendation of the 1st 1st evidence that the 2nd respondent Kariuki Respondent that the had commenced the process of applicant be disqualified determining the eligibility of the from running for an elective applicant to hold public office and

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public office. that there was imminent danger that the ex parte applicant was going to be denied the opportunity of being heard before a determination was made. Courts do not issue orders at large in judicial review applications. Notice of Motion dated 28th December 2012 which I hereby dismiss with costs to the respondents.

26. PETITION Augustine Ogaye Majanja, Korir, Party nominations for Rarieda The dispute herein was a dispute February 5,2013 43/2013 Adhola v Hon Ogola and Constituency Parliamentary between members of a political Nicholas Gumbo & 2 Odunga(JJ) seat for the Orange and the party which ought Others Movement Party allegations of to have been dealt with in another irregularities in nomination forum before invoking the exercise jurisdiction of the Court. Petition dismissed with no order as to costs

27. PETITION Nicodemus Ochieng Majanja, Korir ODM nomination contest for Petition allowed. Decision of February 5, 2013 32/2013 v Independent and Odunga(JJ) the Makongeni Ward County IEBC/NDRC/36/2013 be set

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SElectoral and Assembly Representative aside. IEBC directed to rehear Boundaries Petitioner raised the issue that matter. No order as to costs. Commission he was not properly served

28. PETITION Erick Okongo Majanja, Korir ODM senatorial race for Petition allowed to the extent that February 5,2013 40/2013 Mogeni v and Odunga(JJ) Nyamira county. decision made on Independent IEBC/NDRC/205/2013 be and is Electoral and hereby set aside. The complaint Boundaries to be heard afresh by IEBC by a Commission & 2 panel excluding Ms Betty Others Nyabuto.

29. PETITION Nassir Mohamed Majanja, Korir National Assembly seat for Petition allowed and the decision February 5,2013 44/2013 Dolal v Independent and Odunga(JJ) Garissa Township of IEBC dated 28th January 2013 Electoral and Constituency by the Orange in IEBC/NDRC/41/2013 be and is Boundaries Democratic Movement hereby set aside. The petitioner Commission & Question of Citizenship of shall be at liberty to present Others Petitioner nomination papers to the respective returning officer. There shall be no order as to costs.

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30. Misc. Civil Appl. Julius Chacha Majanja, Korir, candidacy for Member of The petition is allowed. The order February 5,2013 41/2013 Mabanga v. Ogola and Parliament for Kuria East of IEBC in IEBC/NDRC/01/2013 Independent Odunga(JJ) Constituency on Orange of 28th January 2013 be and is Electoral and Democratic Movement Party hereby set aside. IEBC is directed Boundaries to hear the matter in accordance Commission & with law. Another 31. PETITION Janet Ndago Majanja, Korir Challenge of nomination of As parties are required by law to February 5,2013 39/2013 Ekumbo Mbete v The and Odunga(JJ) Hon Hassan Ali Joho and/or qualify for consideration to be Hon Attorney Hazel Katana to vie for the nominated, the returning officer General positions of Governor and receiving the papers will be Deputy Governor respectively required to address himself or for on herself on the issues raised by the ground of educational petitioners. qualifications Petition dismissed with no order as to costs.

32. PETITION Daniel Taleng‟o D.S. Majanja, W. Whether Commission for The relevant institution charged February 5,2013 24/2013 Kiptunen v The Korir, G.V. Higher Education (CHE) with recognising degrees is the Attorney General Odunga mandated to carry out CHE which conducts this exercise accreditation of degree by referent to accreditation. It qualifications. follows therefore, the decision by Petitioner a prospective the CHE to recognise the degree

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candidate for the Narok issued to the petitioner was within County Governor‟s seat. its statutory authority.

Petition dismissed with no order as to costs.

33. JR 25/ 2013 Michael Wachira D.S. Majanja, Othaya Parliamentary Seat The dispute herein was a dispute February 5,2013 Nderitu v The W. Korir, contest between one political party and Independent G.V. Odunga(JJ) another which ought to have been Electoral and dealt with in another forum Boundaries before invoking the jurisdiction of Commission & 2 the Court. Others Chamber Summons dated 29th January 2013 dismissed with no order as to costs.

34. JR 27/2013 Maurice M Lishenga D.S. Majanja, Nominee for the Lurambi Applicant did not file a complaint February 5,2013 v Independent W. Korir, Constituency MP post under before the Tribunal and the last Electoral and G.V. Odunga(JJ) the New Ford Kenya political matter on the record of Boundaries party. Challenge against proceeding was No. 206. The Commission & 3 Manyala Keya as party‟s affidavit of the complainant Others nominee. purportedly filed sworn on 27th

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January 2013 which was after the Application for leave to file Tribunal had completed its judicial review application hearings.

Notice of Motion dated 29th January 2013 be and is hereby dismissed with no order as to costs.

35. PETITION Stanley Kihiko D.S. Majanja, Nominations for Kipipiri With respect to commission of February 5,2013 46/2013 Mutungu v The W. Korir, Constituency for The offences, the same ought to be National Alliance G.V. Odunga(JJ) National Alliance (TNA) dealt by the criminal court Party & 2 Others party parliamentary Further, there was no allegation candidate, allegations of of procedural improprieties on election irregularities, the part of the Commission which challenge against dealt with the matter. nomination of Amos Petition dismissed with no order Kimunya as to costs.

36. JR MISC. Gideon Kaumbuthu D.S. Majanja, Application relating to SenatorialIt is only errors of procedure that February 5,2013 28/2013 Meenye v W. Korir, candidate for Meru County forare the capable of constituting Independent G.V. Odunga(JJ) National Alliance Party. infringement to the rights Electoral and protection and no mere

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Boundaries Complaint that Committee‟s decisionirregularity in procedure is Commission & 2 based on the erroneous view thatenough, the even though it goes to Others applicant had been a member ofjurisdiction; the the error must party for less than one month whichamount to failure to observe one Applicant complains was not givofen athe fundamental rules of proper hearing and the rules ofnatural the justice. The concept of fair party were flouted. trial is not an abstraction; it is contextual.

Notice of Motion dated 31st January 2013 is dismissed with no order as to costs. 37. JR 35/2013 Kelvin Lunani Kwena D.S. Majanja, Allegation of the dual Chamber summons dated 30th February 5,2013 v Suleiman Shabhal W. Korir, nomination, 1st Respondent January 2013 is dismissed with no & 3 Others G.V. Odunga(JJ) allegedly secured two order as to costs. Leave to nomination tickets from institute judicial proceedings is United Democratic Forum rejected. Reasons for the decision Party nomination for the to be given on 5th February 2013 Governorship of Mombasa at 2.30 pm County candidate allegedly seeking to contest on Wiper Democratic Movement Party. Allegation that Committee

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failed to consider evidence.

38. PETITION Peter Edick Omondi D.S. Majanja, Party nomination for Orange Petition dismissed on the basis February 5,2013 45/2013 Anyango v W. Korir, Democratic Movement (ODM) that Mr Tom Mboya Ndege, the Independent G.V. Odunga(JJ) for in party alleged to be on the list was Electoral and . not joined to the proceedings nor Boundaries served with court process. He had Commission & 2 acquired a right and as, his right Others could not taken away arbitrarily,

Petition dismissed with no order as to costs.

39. PETITION Hon Edwin O Yinda D.S. Majanja, W. Nomination froeru Petition dismissed with no orders February 5,2013 47/2013 v Independent Korir, G.V. m the United Democratic as to costs. . Electoral and Odunga(JJ) Forum (UDF) to contest the Boundaries Alego Usonga Constituency Commission seat 40. Misc. 55/2013 Jackson Kyalo Itule v D.S. Majanja, Applicant‟s complaint is that That the applicant was given a fair February 5,2013 Wilson Mutunga W. Korir, he was denied the right to hearing at the Tribunal and that Wambua & Others G.V. Odunga(JJ) contest the Ndithini/Mananja the IEBC came to the conclusion it Ward in Masinga Constituency was entitled to. on a Kenya National Congress

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Party on account of the 1st Notice of Motion dated 30th respondent being given a direct January 2013 is dismissed. ticket. Reasons to be given on 5th February 2013. There shall be no order as to costs.

41. PETITION Orange Democratic D.S. Majanja, W. Correction of errors and Petition is dismissed with no February 5,2013 48/2013 Movement Party v Korir, G.V. omissions on party lists order as to costs save that IEBC is The Independent Odunga submitted to Electoral body in directed to correct spelling Electoral and view of section 13 of Elections mistakes or minor errors in Boundaries Act respect of the names present in Commission the list by the petitioner. For avoidance, there should be no replacement or addition of names to be submitted.

42. PETITION Philemon Donny Majanja, Korir Applicant seeking court order February 5,2013 49/2013 Opar v Orange and Odunga(JJ) to restrain the IEBC from There was an alternative mode of Democratic receiving any purported redress available on discovery of Movement Party & 2 nomination papers relating to new evidence. The issues of the Others the Office of member of commission of election offences Parliament, Karachuonyo ought to be dealt by the criminal Constituency from the 2nd court since in these proceedings

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Respondent, one Hon. James we are not sitting as a criminal Rege court Allegation that party had refused to issue Applicant with Petition dismissed with no order nomination certificate instead as to costs. issuing the 2nd Respondent who was a member of another Party.

43. PETITION Kajiado County Majanja, Korir, - Petition marked as withdrawn February 5,2013 55/2013 Council v Odunga(JJ) with no order as to costs. Independent Electoral and Boundaries Commission & Another 44. PETITION Moses Kauni Masaki Petition dismissed with no order February 5,2013 53/2013 v IEBC & Another as to costs. 45. Misc. 53/2013 Michael Mungai v Application dated 20th January February 5,2013 Ford Kenya Election 2013 is dismissed with no order as Nominations Board to costs. & Others

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46. PETITION Attas Sheriff Ali v Majanja, Question as to the qualification The issue herein was a party issue February 5,2013 58/2013 IEBC Dispute Korir, Odunga(JJ of Deputy Governor for TNA that ought to have been dealt with Resolution within the at the party level before the Committee & 2 meaning of Article 180(2)(5) of court‟s jurisdiction could be Others the invoked.

Whether a person registered as Petition dismissed with no order a voter in Nyamira County is as to costs. qualified to contest for the post of Governor or Deputy Governor of Nairobi County within the meaning of Article 180(2) of the Constitution.

47. JR 29/2013 Samuel Arama v Majanja, Applicant a prospective IEBC is directed to comply with February 5,2013 Independent Korir, candidate for the seat of the decision in Electoral and Odunga(JJ) National Assembly for Malindi IEBC/NDRC/95/2013 Boundaries Constituency on The National Commission Alliance Party. Applicant allegedly not afforded an opportunity to be heard before the NDRC arrived at its decision allowing the

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Interested Party‟s complaint.

48. JR 38/2013 Republic v Majanja, Korir Application for judicial review Chamber Summons dated 31st February 5,2013 Independent and Odunga(JJ) application to quash the January 2013 is dismissed and Electoral and decision of the Committee leave to commence judicial review Boundaries issued on dismissing the proceedings refused with no order Commission complaint of the ex parte as to costs. applicant and effectively confirming the nomination of the 1st interested party to contest for the seat of Member of Parliament of Marakwet East constituency under Party.

49. JR 39/2012 Steve Mutuku Mutua Majanja, Korir Dispute over Member of the The Applicant‟s case was in the February 5,2013 v James Mutiso and Odunga(JJ) National Assembly seat for the nature of an appeal. Court did not Mutua & 2 Others TNA ticket. detect any error in the Tribunal‟s proceedings as to entitle it to Application that nomination of interfere. Court satisfied the the 1st respondent by TNA and Applicant given sufficient subsequent certificate of opportunity to present his case. nomination issued to the 1st Notice of Motion filed on 1st

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respondent be cancelled and be February 2013 is dismissed with issued to the complainant. no order as to costs.

50. JR 40/2013 James Odhiambo Majanja, Korir Dispute over nomination to the A fair trial in the Constitutional February 5,2013 Oyolo v National and Odunga(JJ) seat of County Assembly context does not refer to the Disputes Resolution representative for Railway merits or bona fides of the process Committee & 2 Ward in Kisumu Central and case but deals with trial process; Others Kisumu County on the Orange the decision making process Democratic Movement Party. sometimes referred to as “due process”. Applicant‟s claim that he won the nominations and was Chamber summons dated 30th declared the winner thereof. January 2013 dismissed. Leave to However, the name that was commence judicial review forwarded to the 1st respondent proceedings rejected. No order as was that of one Isaiah to costs. Onyango. 51. PETITION John Wanyonyi Majanja, Korir - Petition is marked as withdrawn February 5,2013 57/2013 Wenyaa v Nicholas T and Odunga(JJ) with no order as to costs. T Simuyu & 2 Others 52. Misc. 60/2013 Isaiah Sammy Majanja, Korir, - Petition withdrawn with no order February 5,2013 Songwa v Ogola and as to costs. Independent Odunga(JJ)

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Electoral and Boundaries Commission 53. PETITION Sikudhani Ajwang Majanja, Korir Contest for the position of Court satisfied that under Article February 5,2013 58/2013 Rumanywa v Pius and Odunga(JJ) County Representative for 88(4)(e), the petitioner had an Owino Otieno & 2 Sarang‟ombe Ward, Kibra opportunity to appeal the Others Constituency, Nairobi County. returning officer‟s decision. Complaint by petitioner Petition dismissed with no order against move to issue an ODM as to costs. party certificate to the 1st respondent .

Where the 1st respondent nomination certificate had already been presented and accepted by the Returning officer. 54. PETITION Hope Sanguli Majanja, Korir Petitioner, being a Life That a fair trial in the February 5,2013 54/2013 Mwakio v Orange and Odunga(JJ) Member of ODM Party she Constitutional context does not Democratic participated in the nomination refer to the merits or bona fides of Movement & 3 exercise for the party held on the process case but deals with Others 17th January 2013 for the trial process; the decision making position of Women process sometimes referred to as

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Representative for Taita- “due process”. Taveta County on the said Party ticket. According to her The petition was dismissed with the election in the entire no order as to costs. county was conducted without following the Party Election and Nomination Rules.

55. JR 61/2013 Robert Akumu Majanja, Korir Complaint by one Mr Robert The fact that the party which February 1,2013 Asembo v The and Odunga(JJ) Asembo who had been represented Applicant was party Political Parties nominated by the Orange to the case and was heard does Tribunal & 3 Others Democratic Movement to not diminish Mr. Asembo‟s right contest the position of member to be heard nor does it entitle of National Assembly for counsel for the party to Embakasi Central appropriate the right of Mr Constituency, Nairobi County Asembo to represent himself was. Allegation that he was not The political parties Tribunal shall a party to the dispute and was hear the parties to Dispute No. 5 not served with proceedings. of 2013 de novo in the presence of the applicant, Robert Asembo forthwith. The IEBC shall company with the decision of the Political Parties

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Tribunal on the proper nominee of the Orange Democratic Movement. The Political Parties tribunal shall complete its determination by close of business on 4th February 2012. The IEBC/Returning officer entitled to receive the nomination papers for the ODM candidate for Embakasi Central Constituency by the close of business on 5th February 2013.

56. JR Misc. 41/2013 Michael Francis Majanja, Korir Application related to Kuria Where a party has not been affordedFebruary 5,2013 Chemonges Kitiyo v Odunga(JJ) East Constituency, Migori an opportunity of being heard the The Independent County. Applicant argued that process cannot be said to have been Electoral and he won candidacy on an ODM fair and the High Court has Boundaries ticket and issued with jurisdiction to reverse the decision of Commission provisional certificate. the Committee since that amounts to Allegations Applicant was a defect in the process as opposed to unaware of the proceedings by the merits. the Committee in which it was

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determined that the Interested The petition allowed with no Party be awarded the Party‟s order as to costs. nomination certificate. 57. PETITION Nicodemus Ochieng Majanja, Korir, ODM nomination contest for Petition allowed. Decision of February 5,2013 32/2013 v The Independent Ogola and the Makongeni Ward County IEBC/NDRC/36/2013 set aside. Electoral and Odunga(JJ) Assembly Representative IEBC directed to rehear matter. Boundaries Petitioner raised the issue that No order as to costs. Commission he was not properly served

58. PETITION George Wanyonyi Majanja, Korir, - Petition is marked as withdrawn 57/2013 Wenyaa v Nicholas T Ogola and with no order as to costs. T Simiyu & Others Odunga(JJ) 59. JR 20/2013 Samuel Otieno Otaja D.S. Majanja - the complaint relating to the February 5, 2013 v IEBC & Another nomination can be dealt with by the Independent Electoral and Boundaries Commission in terms of the provisions of Article 88(4)(e) of the Constitution and section 74 of the Elections Act. There is no evidence on record that complaint was lodged and rejected.

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Notice of motion dated 4th February 2013 dismissed with no order as to costs. 60. JR 42/2013 Joanes Boy Okoba v - - Marked as withdrawn with no IEBC order as to costs. 61. JR 43/2013 Stephen K Ndungu v - - Marked as withdrawn with no TNA & Others order as to costs. 62. JR 44/2013 Lupesia A Bakari v - - Marked as withdrawn with no Godfrey Owino & order as to costs. Others 63. PETITION Franco Esposito v Majanja, Korir, Extent of Application of The provisions of Article 99(3) February 5, 2013 60/2013 IEBC Ogola and Article 99(3). Petitioner apply only to proceedings Odunga(JJ) having been nominated by contemplated under Article Narc-Kenya to contest the 99(2)(g) and (h). In the circumstances, the petition must Parliamentary seat in Kilifi fail and it is dismissed with no County presented his order as to costs. nomination papers to the returning officer on 1st February 2013 were rejected.

Issue of citizenship of not less than 10 years. Whether

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Petitioner entitled to vie as a candidate in the forthcoming election in light of the provisions of Article 99(3). Argument that petitioner not disqualified until all possibility of appeal is exhausted.

64. PETITION Julius Chacha v IEBC D.S. Majanja, E Allegation that Applicant not Petition allowed. Court not February 6, 2013 62/2013 & Another Ogola, G V afforded a fair hearing by the satisfied that the decision reached Odunga(JJ) NDRC as earlier ordered by at by committee free from error. court in petition no. 41 of 2013. Committee directed to conduct a proper hearing of the dispute de novo as provided by law to determine who is the proper party nominee for the contested seat. 65. PETITION Tom M Odege v - - Marked as withdrawn with no 63/2013 IEBC & Others order as to costs.

66. PETITION Musa Tipape v Tom Ogola J. Application seeking that To grant a stay of execution in this 65/2013 Mboya & Another pending the hearing and matter will in effect mean that the determination of the appeal of Court has reneged from its the judgment of the court Judgment delivered on 7th

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delivered on 7th February February 2013. That although 2013, that court do order stay Court not privy to the grounds of of execution together with the appeal advanced by the applicant, consequential decree and if any, it is apparent that CHE‟s position on the non-recognition of the degree of Bachelor of Business Administration will not change. (i) The certificate of the retuning officer dated 1st February 2013 be and is hereby quashed forthwith. (ii) The Returning Officer to reconsider whether to accept or reject the 4th respondent‟s nomination papers in light of the Letter of Recognition issued to Joash T O Kores dated 22nd January 2013 by the Commission for Higher Education. (iii) The 4th respondent to pay the 3rd respondent‟s costs.

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67. PETITION Nicholas Maluki Marked as withdrawn with no 66/2013 Kyunuve v IEBC & - - order as to costs. Another

68. PETITION Peter Kamau Nyutu D.S. Majanja Petitioner contends that he Court took judicial notice of the February 5, 2013 68/2013 v IEBC & Others was the bona fide nominee of fact that the nomination was then the County Representative complete and the law permits the Seat, Woodley Ward Kibra retuning officer‟s decision to be Constituency by virtue of the dialogued. Because there existed National Alliance Party an efficacious alternative remedy, Nomination Appeal Tribunal the court disallowed the petition. decision dated 21st January 2013. Unfortunately, the party did not comply with its Appeal Tribunal directive. 69. PETITION Pius Odero Okech v - - Marked as withdrawn with no 69/2013 ODM & Others order as to costs.

70. PETITION Anthony Kimemia Majanja, Korir Petitioner moved the court for The petitioner was not privy to the February 6, 2013 70/2013 Gathumbi v TNA & 2 and Odunga(JJ) orders that he be cleared to concession upon which the Others contest the Harambee County decision was made. The NDRC Assembly Ward Seat, Nairobi decision set aside. The IEBC

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County on the National Nomination Disputes Committee Alliance Party ticket. directed to rehear the matter Petitioner‟s complaint that his taking into account the evidence challenging the 3rd circumstances of the case. respondent‟s case before the Committee that he was a member of another party not taken into account. 71. PETITION Samuel Kurenta The complaint raised by the 73/2013 Nairoshi alias petitioner is about the rejection of Samuel Katangie identity papers. The rejection is Kurenta v IEBC & subject to an appeal to the IEBC Another complaint/Dispute Resolution Mechanism under Article 88(4)(e) of the Constitution and Section 74 of the Election Act. Accordingly, the petition is dismissed on that basis with no order as to costs. 72. JR 20/2013 Samuel Otieno Otaja D.S. Majanja J. The complaint relating to the February 5, 2013 v IEBC & Another nomination can be dealt with by the IEBC in terms of the provisions of Article 88(4)(e) of the Constitution and section 74

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of the Elections Act. There is no evidence on record that complaint was lodged and rejected.

Notice of motion dated 4th February 2013 dismissed with no order as to costs. 73. PETITION Charles John Otete E.K.O Ogola J. Petition to quash decision of This court finds that the decision February 13, 2013 90/2013 & another v IEBC IEBC to accept nomination of taken by the IEBC to delete the and Johannes Boy 2nd Respondent as candidate name of the Petitioner and replace Okoba for Bunyala Central Ward in it with that of the 2ndRespondent Budalangi Constituency on an was a reckless and unlawful act Orange Democratic which has no basis and violated Party(ODM) Ticket. the constitutional rights of the Petitioner.

74. PETITION Mable Muruli v IEBC E.K.O Ogola J. Candidature of the A declaration that the Petitioner is February 13, 2013 93/2013 Governorship of Kakamega a Degree holder within the County. meaning of Section 22 (2) of the Elections Act 2012 No. 24 Whether after a person has A mandatory injunction successfully gone through the compelling the Commissioner to process leading to the accept the Petitioner‟s nomination

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acquisition of a degree, he is papers and issue a clearance qualified under Seciton22 (2) certificate to her for her to contest of the Act even when no the seat of County Governor, physical certificate has been Kakamega County conferred. A mandatory injunction compelling the Commission to accept and incorporate the Petitioners‟ name in the list of candidates and ballot papers as an independent candidate for the County Governors‟ seat, Kakamega County

75. J.R. 49/2013 R v IEBC & another E.K.O. Ogola The Applicant, a member of The decision of the February 15, 2013 ex parte Yussuf Ooro The National Alliance Party Committee quashed. Odongo (TNA) alleges that he was IEBC directed the nominated to vie for the seat of IEBC to put the name Senator by TNA party in Siaya of the County on the 18th January Petitioner/Applicant 2013. The IEBC declined to in the ballot papers as give the Applicant Form 16 an aspirant for the Senate seat for Siaya County on a TAN

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Ticket for the 4th march General Elections.

No order on costs.

76. J.R. 52/2013 R v IEBC and E.K.O Ogola(J) Right of Applicant where the The decision of the IEBC accept February 15, 2013 another Committee reneges on its the nomination papers of the position/ruling. Where Interested Party Patrick Ouma Committee having upheld the Odwalo quashed. party position as the ODM nominee –that the IEBC had IEBC ordered to forthwith receive no option but to honour its and accept the nomination own Ruling. certificate of the Applicant Mr. Pius Odero Okech as the sole nominee of the Orange Democratic Movement (ODM) to vie for Kagan Ward as Country Assembly Representative and to print ballot paper in his name.

IEBC ordered to pay the costs of this application.

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77. Misc. Appl. No. 53 Anthony Kimemia Ogola J. Applicant‟s complaint that IEBC ordered to receive the February 18, 2013 of 2013 Gathumbi v IEBC despite being a party to the Applicant as the nominee of the and another dispute he was neither served 2nd Respondent (TNA) for the with the complaint nor invited position of County Assembly to state his case. Harambe Representative for the Harambee County Assembly Ward County Assembly ward of Nairobi member seat on National Party County and issue him with the ticket relevant clearance certificate.

IEBC to substitute in its records and in the ballot papers for the 2013 general elections, the name of Johnson Maina Mwai – and replace it with Anthony Kimemia Gathumbi – the Applicant – as the TNA candidate.

78. Misc. Appl. No. 55 R V IEBC Ogola J. Application seeking to quash IEBC is the innocent party in this February 19, 2013 of 2013 the decision of Returning matter. It has not made any Officer Trans Nzoia County in decision which has been placed enlisting Edward Katama before the court for scrutiny Ngeiywa as the nominee of the

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United Republic Party(URP) Mr. Edward Katama Ngeiywa, the for the position of Senate Party to be dispossessed of his member for Trans Nzoia nomination if this application County were to succeed has not been joined to these proceedings and is unaware of the same. He is on the IEBC list and has acquired a right that cannot be taken away arbitrarily.

79. PETITION Musa Tipape Naini v Ogola J. Application seeking an Order Applicant‟s application dated 12th February 15, 2013 65/2013 Tom Mboya and 3 that pending the hearing and February 2013 dismissed. others determination of the appeal, There is no evidence by the court do order stay of correspondence or otherwise that execution of the judgment of the said Respondents have the court delivered on 7th refused to honour the Petitioner‟s February 2013 together with request for information the consequential decree and orders.

80. PETITION no. 78 Evans M. Swanya v Ogola J. Application seeking to compel The presidential candidates have February 15,2013 of 2013 IEBC & the Commission for Higher been cleared by the 1st 3 others Education (CHE) academic Respondent to run for can only

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credentials of all the mean, prima facie, that they have presidential candidates in the met the stipulated requirements March 2013 Election. to run for presidency including the academic qualifications. Petition was premature as Petitioner did not give the Respondents adequate time to respond to his request. Petitioner‟s Notice of Motion dated 6th February 2013 dismissed.

HIGH COURT AT NAKURU 81. J R No. 3 of 2013 Republic v IEBC ex M. J. Anyara Application for leave to file The ex parte Applicant's Notice of February 14, 2013 parte Charles Olari Emukule judicial review proceedings Motion dated 4th February 2013 Chebet against IEBC to compel it clear and filed on 5th February 2013 Applicant to vie for the County struck out with costs to the Representative seat of Solai Respondent. Ward, Nakuru County.

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82. Petition 85 of Julius Chacha Ogola J. Petitioner challenged decision The IEBC cannot nominate a February 14, 2013 2013 Mabanga v. IEBC by IEBC to accept the candidate for the party and nomination of the 1st disregard the position and views Interested Party for the Kuria of the party. The decision of the East Constituency under the IEBC nominating, permitting, or ODM party ticket despite the otherwise installing the 2nd issuance of a nomination Interested Party as ODM‟s certificate to the petitioner and candidate for the elections evidence of malpractices on the quashed with costs to the part of the 1st interested party. petitioner. Court had ordered the matter to be re-heard by the IEBC three times.

83. Petition 86 of Tom Mboya Odege v. Ogola J. The applicant had challenged In order for this court to exercise Feb 19, 2013 2013 IEBC & Another the decision of the IEBC to its jurisdiction over IEBC the accept the nomination of the proceedings before IEBC must be 2nd Interested Party to contest brought to the court for scrutiny. the Nyatike Constituency The proceedings were not before National Assembly seat and the court. The court could not sought to bar the IEBC from investigate the merits of the IEBC accept the nomination of the decisions. Moreover, the ODM

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2nd Interested Party. party was very clear that the 2nd Interested Party was their only nominated candidate. The application was dismissed with costs.

84. Petition 88 of Omar Sheikh Ali v. Ogola J. The applicant had challenged The court had dealt with the issue Feb 19, 2013 2013 IEBC the decision of the IEBC to of Article 78 for the Constitution accept the nomination of the 1st and declared that the 1st Interested Party who he Interested Party was qualified to alleged did not meet the contest the seat. qualification requirements The jurisdiction of the High Court under Article 78 to contest the was limited to looking at the Garissa Township process leading to those decisions, parliamentary seat and who and not the merits thereof. There had been cleared on an ODM were no proceedings of IEBC put ticket to contest the seat. before the court to enable it to determine the fairness of the process. Application dismissed.

85. Petition 90 of Charles John Otete v. Ogola J. The petition sought to quash The right of the petitioner to a fair February 13, 2013 2013 IEBC & Another the decision of the IEBC to hearing had been violated by accept the nomination of the IEBC. IEBC has no mandate to

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2nd Respondent as the ODM nominate candidates on behalf of candidate for Bunyala Central political parties. The decision of Ward in Budalangi the IEBC to cancel the nomination Constituency. The IEBC was of the petitioner was done in bad alleged to have conducted a faith and was therefore quashed hearing on the nomination of by the court. the petitioner without according him the right to be heard.

86. Petition 91 of John Wanyonyi Ogola J. The petition sought to have the IEBC Tribunal and the Political February 14, 2013 2013 Wenyaa vs. Nicholas consent entered into between Parties Disputes Tribunal are Simiyu & 3 Others the IEBC and PPDT in PPDT quasi-judicial bodies which have No 181 of 2013 stayed and specific mandate under the revoked. various authorizing Acts. The court respects their decisions when made in good faith.

87. Petition 92 of John Mbugua & Ogola J The petitioners sought to That the petitioners had not February 19, 2013 2103 Another vs. A-G & 3 compel the IEBC to allow them invoked the jurisdiction of the Others to contest the Embakasi West IEBC established under Article and North parliamentary seats 88 (4) (e) of the Constitution and

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as independent candidates. section 74 of the Elections Act, therefore the proceedings were premature. In any event, they had failed to submit the symbols they intended to use at least 21 days before the elections as required by law. The petition was therefore dismissed.

88. Petition 93 of Mable Muruli v. Ogola J. The petitioner sought a The petitioner had gone through February 13, 2013 2013 IEBC mandatory injunction to the process leading to the compel the IEBC to accept her acquisition of qualifications under nomination papers and issue the Act. A certificate was merely her with a clearance certificate evidence of a process that had to contest the Kakamega already taken place. IEBC County Governor‟s position as compelled to accept the an independent candidate. nomination papers of the IEBC had declined to accept petitioner and added to the ballot her papers on the basis that papers as an independent she did not possess a degree candidate. certificate as required by section 22 of the Elections Act. She also sought to have the

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printing of ballot papers halted pending the hearing and determination of the petition.

89. Petition 95 of William Kabogo Ogola J. The petitioner, who is vying for The dispute in this case went to February 19, 2013 2013 Gitau v. James the Kiambu gubernatorial seat the root of the relationship of Karanja Nyoro & on a TNA ticket, sought to parties within the Jubilee IEBC restrain the 1st respondent, coalition. As such, the petitioner who is vying on a NARC ticket, should have invoked the Coalition from using the TNA name, Dispute Resolution Council as colours and symbols in his provided for in the Coalition campaign material as it was Agreement to settle the dispute in misleading to the voters of the first instance and have Kiambu county. recourse to the PPDT should the dispute not be satisfactorily resolved. 90. Petition 101 of Zaddock A. Kisienya Ogola J. The applicant sought to have The Court cannot compel the February 18, 2013 2013 v. IEBC the IEBC‟s decision dismissing IEBC to accept a nomination the nomination of the presented out of time. The applicant for Maendeleo applicant had not challenged the Democratic Party (MDP) in dispute resolution procedure of Shinoyi/ Shikomari/ Esumeya the IEBC but the merits of its Ward of Navakholo decision. The application

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Constituency set aside. The therefore failed and was petitioner/applicant also dismissed with costs. sought to restrain the IEBC from printing ballot papers for the said ward. Though the petitioner had won the nomination, they had failed to present their papers to the IEBC in time due to illness. 91. Petition 103 of Jacqueline Nziva Ogola J. The applicant/petitioner The proceedings which led to the February 19, 2013 2013 Munyao v. IEBC & 2 sought to revoke the decision decision of the IEBC were not Others of the IEBC to accept the within the court. Since the court nomination papers of the 3rd was only entitled to conduct a Respondent and also an order procedural review of the decision to compel the IEBC to remove of the IEBC and not make a the name of the 3rd respondent finding on its merits, the court from the ballot papers for the ordered that the matter be re- Ikombe Ward seat in Yatta heard by the IEBC. Constituency.

HIGH COURT AT KISUMU

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92. Misc. Appl. No. In the matter of H.K. Chemitei Orange Democratic Party The applicant was duly served via February 12, 2013 10/2013 Independent (ODM) party's nomination for short message to attend Electoral and the Kasipul parliamentary seat. commission by the process server Boundaries Applicant complaint that he but he chooses not do. I do not Commission, was not with a hearing notice. find that the rules of natural Nomination Disputes Applicant notified of hearing justice were breached by the Resolution via short text message (SMS) Commission or at all. Committee, dispute Application disallowed and each no. 197 of 2013 party ordered to bear their (Franklin Bett & 3 respective costs. others as Interested parties) 93. Civil Appeal No. Republic v IEBC & H.K. Chemitei County Representation South That the applicant should have February 11, 2013 3 of 2013 another East Alego-Application for sought redress with the leave to institute judicial commission which is mandated review with the duty of resolving nominations disputes before invoking the jurisdiction of the Court Application disallowed for want of jurisdiction. Each party shall bear their respective costs.

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94. Civil suit no. 4 of Nicholas Oyoo H.K. Chemitei ODM party nominations in Application dismissed with no February 11, 2013 2013 Omolo V Leonard Central Alego. allegation that order as to costs. It does not meet Otieno Oriaro & 3 defendants presented the threshold of a temporary others certificates from different injunction. I shall thus dismiss the party(United Democratic Party same with no orders as to costs. And Ford Kenya) yet participated in ODM party primaries HIGH COURT AT KISII

95. Kisii Petition No. John Pesa Dache v. Sitati, J. The petitioner sought to The petitioner had not exhausted February 8, 2013. 5 of 2012 IEBC & Another compel the IEBC to accept the the internal party mechanism nomination certificate issued therefore the petition was to him to contest the Suna East premature. Once a list of Constituency National nominated candidates had been Assembly seat on an ODM submitted to IEBC, it could only ticket. be altered in the event of death, incapacitation, resignation or violation of electoral code of conduct, which had not been demonstrated by the petitioner. Petition dismissed. 96. Kisii High Court Patrick Aran Aran & Sitati, J Petitioners sought to restrain Petitioners had not exhausted all February 8, 2013.

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Petition 6 of 2012 4 Others v. IEBC the IEBC from accepting the dispute resolution channels before nomination of the 2nd-5th coming to the court. Preliminary interested parties. objection upheld and petition dismissed HIGH COURT AT MOMBASA

97. Misc. J.R. No. 8 R v. IEBC & 2 Others Muriithi J. The applicant sought leave to There were gaps and Misc. J.R. No. 8 of 2012 ex-parte Ibrahim commence judicial review inconsistencies in the applicant‟s of 2012 Hussein Washenga proceedings to challenge the application. The court is entitled decision of the IEBC to accept to take into account the nature of the nomination papers of the the process against which judicial 1st Interested Party in respect review is sought to be initiated. of Jomvu Constituency and to The general election is a matter of compel the IEBC to accept the great public interest to voters of nomination papers of the Jomvu constituency and the applicant. country as a whole and it may not be allowed to be derailed. Application dismissed

98. Malindi H.C. Ali Bakari Muriithi J. The petitioner, who had sat the The petition was not premature as Malindi H.C. Petition No. 16 of Mohammed v. IEBC KCSE exams in 2012, sought a the fears by the petitioner that he Petition No. 16 of 2012 & Anor declaration that the he had a would be locked out in view of the 2012 constitutional right to vie in provisions of the Elections Act

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the March 2013 elections. cannot be unfounded and speculative. The petitioner had a constitutional right to vie subject to meeting other qualifications.

99. Mombasa Petition Roseline Achieng Mwongo J. Complaint against issuance of The complaint is genuine. Mulaha No. 8 of 2013 clearance certificate by IEBC to However, the Randa v IEBC and 2 Mflaume Bakari, 3rd same should have been addressed others respondent for the election of to 1st Respondent pursuant to the Member of Parliament on TNA Elections (General) Regulations ticket in . Rules of Procedure on Settlement Allegation that Petitioner of disputes. When statutory discriminated processes for alternative, out of against as a Luo, court dispute resolution are in existence, it is not for this Court to intermeddle.

Second limb on allegations of discrimination fixed for full hearing following court‟s finding that such matters cannot be determined solely on affidavit evidence particularly when no

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documents had been produced to show whether the 1st Respondent was served with the complaint.

HIGH COURT AT KAKAMEGA 100. Kakamega Everlyne Nakhungu Said J. Applicant/Petitioner seeking It is clear that there were no Ford February 18, 2013 Chitembwe Petition 3/2013 Juma v FORD Kenya injunctive orders to restrain Kenya Party elections for

Party & 3 Others gazettement of the Interested Manda/ShivangaWard in Malava Party, Nkalos Shiuma as the Constituency; the Party opted to duly nominated county give direct nominations. It is representative for evident from the pleadings that Manda/Shivanga Ward, the applicant‟s name was replaced Malava Constituency. with that of the Interested Party. Applicant‟s contention that she The Applicant ought to seek was issued with a nomination recourse from her party and if she certificate to represent the believes that her nomination was ward and presented her correct and the Interested Party is nomination papers to IEBC. an imposter, it is up to the party Allegation that the Interested to nullify the nomination of the Party subsequently cleared to Interested Party and correct the vie for the concerned Ward. situation Notice of Motion dated 5th February 2013 dismissed. The 1st

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respondent (Ford Kenya Party) to bear costs of the application.

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