Linet Kemunto Nyakeriga & another v Ben Njoroge & 2 others [2013] KECA 60 (KLR)
- Court
- Court of Appeal
- Case number
- 60
- Citation
- [2013] KECA 60 (KLR)
- Decided
- 20 December 2013
The court held that the IEBC's decision to rearrange the list was in violation of the Constitution and the law, and declared the election of the 2nd and 3rd respondents invalid.
Facts
The Independent Electoral and Boundaries Commission (IEBC) rearranged the list of candidates for persons with disabilities, placing Linet Kemunto Nyakeriga and Harold Kimunge Kipchumba in the top positions, despite them being listed second in their respective parties' lists.
Issues
- whether the 2nd and 3rd respondents were validly elected
- what is the mandate of the 1st respondent under Article 90 as read with Article 98 (1) (d) of the Constitution
- who shall bear the costs of this petition
Reasoning
The court determined that the rearrangement of the list by the IEBC was not in accordance with the Party List Formula and Rules of Submission, thus contravening the Constitution and the law.
Outcome
The appeal was successful, and the election of the 2nd and 3rd respondents was declared invalid.
Orders
- nullify the election of the 2nd and 3rd respondents
Remedies
- declare the election of the 2nd and 3rd respondents invalid
Authorities cited
Legislation (4)
- Article 90 of the Constitution
- Article 98 (1) (d) of the Constitution
- Elections Act
- Elections (General) Regulations, 2012
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