PHILEMON DONNY OPAR v ORANGE DEMOCRATIC MOVEMENT & 2 others [2013] KEHC 5263 (KLR)
- Court
- High Court of Kenya
- Case number
- 5263
- Citation
- [2013] KEHC 5263 (KLR)
- Decided
- 5 February 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutionalPosturePetition for InjunctionCoramMAJAN
Holding
The Petition was dismissed with no order as to costs.
Facts
Petitioner Augustine Ogaye Adhola sought an injunction to prevent the 1st and 3rd respondents from receiving and acting upon nomination papers and party lists, and to compel the 1st respondent to issue a nomination certificate to the petitioner.
Issues
- Constitutional rights
- Election process
- Nomination of candidates
Reasoning
The court dismissed the petition as the petitioner failed to establish urgency or a legitimate political interest.
Outcome
Dismissed with no order as to costs
Orders
- Interim mandatory order of injunction to issue forthwith directing the 1st Respondent to produce and forthwith issue the petitioner/Applicant with a nomination certificate as the duly nominated member of the National Assembly, Karachuonyo Constituency.
- Interim Mandatory order of injunction to issue forthwith compelling the 2nd Respondent to accept the Applicant’s Application forms in the event that the 1st Respondent fails to produce and issue the Applicant with a nomination certificate as the duly nominated member of the National Assembly, Karachuonyo Constituency.
Remedies
- Nomination certificate
- Acceptance of application forms
Authorities cited
Legislation (3)
- Elections Act No. 24 of 2011
- Independent Electoral & Boundaries Commission Act, 2011
- Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual (High Court Practice and Procedure Rules, 2006)
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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