United Democratic Movement & another v Independent Electoral and Boundaries Commission & 2 others (Election Petition Appeal E017 of 2023) [2023] KECA 1338 (KLR) (10 November 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1338
- Citation
- [2023] KECA 1338 (KLR)
- Decided
- 10 November 2023
This Court has no jurisdiction to hear or entertain a second appeal from an election petition involving the election of a member of a county assembly
Facts
UDM Party members applied for nominations to the Mandera County Assembly, but the Independent Electoral and Boundaries Commission (IEBC) published a list that included Abdow Bishar Maalim as a youth representative, despite Maalim not being a UDM Party member.
Issues
- Whether the Court has jurisdiction to hear an appeal from an election petition involving a county assembly member
- Whether the IEBC's error in publishing Maalim's name in the wrong category is sufficient to uphold the High Court's ruling
Reasoning
The Court held that the High Court's ruling was based on the incorrect party list, which was published by the IEBC. The Court acknowledged the UDM Party's right to a fair trial but emphasized that the error by the IEBC cannot be overlooked.
Outcome
The preliminary objection is upheld, and the notice of appeal is struck out with costs awarded to the respondent.
Orders
- The notice of appeal is struck out
- The UDM Party and the IEBC are ordered to pay costs of Kshs.200,000
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