Republic v Independent Electoral and Boundaries Commission & another; Kihusa & 4 others (Ex parte Applicants) (Miscellaneous Application 94 of 2012) [2012] KEHC 3571 (KLR) (9 July 2012) (Judgment)

Facts

The applicants, including Eliot Lidubwi Kihusa, claim that the Independent Electoral and Boundaries Commission (IEBC) did not consider their wishes in the delimitation of electoral areas, specifically regarding the Wajir Bor community. The IEBC argues that the delimitation process was carried out in compliance with the law and considered all necessary factors.

Issues

1. Whether the IEBC took into consideration the wishes of the Wajir Bor community in the delimitation of electoral areas.
2. Whether the delimitation of electoral areas would adversely affect the community of interests of the residents of Wajir Bor.

Reasoning

The court found that the IEBC did not need to consider the wishes of the Wajir Bor community as the mandate of delimitation is to achieve fairness, which would cure marginalization. The court also noted that the Igoki community is spread across the two wards and their interests would be difficult to define and take care of by a process of delimitation.

Outcome

Dismissed with no orders

Authorities cited