Benjamin M. Mwakoma v Independent Electoral & Boundaries Commission & 2 others [2013] KEHC 1850 (KLR)
- Court
- High Court of Kenya
- Case number
- 1850
- Citation
- [2013] KEHC 1850 (KLR)
- Decided
- 17 October 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the IEBC Tribunal decision regarding nominations disputesCoramMARY KASANGO
Holding
The appeal is not properly before the court as it is not provided for in law. The appeal is hereby struck out.
Facts
Benjamin Mwakoma was unsuccessful in his challenge to the final list of nominees for County Assembly Representatives of Taita Taveta. The IEBC Tribunal excluded his name from the list.
Issues
- Whether the High Court has jurisdiction to review the IEBC Tribunal's decision regarding nominations disputes
- Whether the Legislature intended to provide for appeal against the IEBC Tribunal's decision
Reasoning
The High Court can only interfere with the IEBC Tribunal's decision in exercise of its supervisory jurisdiction, not its appellate jurisdiction. The Constitution and statute do not provide for appeal against the IEBC Tribunal's decision.
Outcome
Appeal dismissed
Orders
- The appeal is hereby struck out
- The costs of the appeal are awarded to the 1st Respondent to be paid by the Appellant
Authorities cited
Cases cited (3)
- Diana Kethi Kilonzo case (supra)
- Environmental Management and Co-ordination Act, 1999
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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