Daudi & 4 others v Kiringo Member of Parliament Igembe Central Constituency & 3 others (Petition 5 of 2013) [2013] KEHC 2353 (KLR) (27 August 2013) (Ruling)

Facts

The petitioners filed a petition on May 22, 2013, alleging violations of their fundamental rights and freedoms under Articles 25 and 38 of the Constitution of Kenya, 2010, and the Constitution Constituencies Development Funds Act 2013. They sought declarations and an order prohibiting the publicizing of names of purportedly elected members of the Constituency Development Fund.

Issues

1. Whether the 2nd to 4th respondents are parties to the proceedings
2. Whether the correct procedure was followed by the petitioners as ordained by Section 49 of the Constituencies Development Fund Act, 2013
3. Whether this court lacks jurisdiction to entertain the petitioners' petition
4. Whether the petition is an abuse of the court process

Reasoning

The court noted that the petitioners' petition is mainly a complaint on the election of the respondents to Igembe Central Constituency Development Committee. The court also addressed the procedural issues and found that the petitioners followed the correct procedure.

Outcome

The petitioners' petition was dismissed.

Authorities cited