Abuya Abuya v Independent Electoral and Boundaries Commission & another [2014] KEHC 8339 (KLR)
- Court
- High Court of Kenya
- Case number
- 8339
- Citation
- [2014] KEHC 8339 (KLR)
- Decided
- 10 October 2014
The Petitioner's Petition is dismissed with costs.
Facts
The Petitioner, Abuya Abuya, alleged that during the ODM Party's nomination process on 17th January 2013, he was declared unopposed as the ODM nominee for the position of Senator of Nyamira County, but the 2nd Respondent, Independent Electoral and Boundaries Commission (IEBC), issued a nomination certificate to Okong'o Omogeni. The Petitioner sought orders for the dismissal of the Petition with costs.
Issues
- substantive justice
- reasonable precision in framing of issues in constitutional petitions
- equality and freedom from discrimination
- access to information
- political rights
Reasoning
The Court accepted the allegations of the Petitioner regarding the nomination process and the non-compliance with the Committee's decision. The Court found that the 1st Respondent, IEBC, did not have a role in the nomination exercise and that the Committee's decision was not violated.
Outcome
Dismissed with costs
Orders
- Petition dismissed with costs
Authorities cited
Legislation (1)
- Article 27 of the Constitution of Kenya
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