Parsimei & 2 others v Party & 5 others; And The Independent Electoral And Boundaries Commission (Interested Party) (Constitutional Reference 356 & 359 of 2012) [2012] KEHC 2603 (KLR) (Judicial Review) (22 August 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2603
- Citation
- [2012] KEHC 2603 (KLR)
- Decided
- 22 August 2012
The court held that the High Court cannot entertain applications seeking conservatory orders to stop the nomination of candidates in light of the provisions of Article 88(4)(e) and section 74 of the Elections Act, 2011.
Facts
Two petitions were consolidated before the High Court of Kenya at Nairobi, Constitutional and Human Rights, alleging rigging in political party nominations for the Independent Electoral and Boundaries Commission (IEBC) for the Kangema and Kajiado North By-election.
Issues
- Whether the High Court can entertain applications seeking conservatory orders to stop the nomination of candidates in light of the provisions of Article 88(4)(e) and section 74 of the Elections Act, 2011.
- Whether the High Court should intervene to stop the electoral process so that a party who claims that his or her rights have been infringed can agitate his rights before the court.
Reasoning
The Constitution must be read as a whole, and the Bill of Rights protects the political rights of the petitioners. However, the court determined that the High Court should not intervene to stop the electoral process.
Outcome
The High Court's application for conservatory orders was dismissed.
Authorities cited
Legislation (1)
- Elections Act, 2011
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