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Republic v Political Parties Tribunal & 2 others Ex Parte & 2 others [2015] KEHC 1346 (KLR)

[2015] KEHC 1346 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1346
Citation
[2015] KEHC 1346 (KLR)
Decided
12 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to apply for judicial review orders of certiorari and prohibitionCoramApaloo, Maraga, Mike, Mohamed Ibrahim, Mumbi Ngugi, Nyamu, Ringera
Holding

The application is competent and the Tribunal's decision is not irrational.

Facts

The ex parte applicants, Susan Kihika, Samuel Waithuki Njane, and Paul Kibet Chebor, were removed from their positions as leader and deputy leader of the majority in the Nakuru County Assembly by other members of the Jubilee Coalition. The interested parties, George Mwaura Njenja and Leah Jepkoche Serem, were removed from their positions. The interested parties filed a Judicial Review case and then a Political Parties Disputes Tribunal complaint, but both were struck out due to jurisdictional issues.

Issues

  1. irrationality of the Political Parties Tribunal's decision
  2. competence of the application

Reasoning

The court found that the Tribunal's decision was not irrational and that the application was competent.

Outcome

The application for leave to apply for judicial review orders of certiorari and prohibition is granted.

Authorities cited

Legislation (1)
  • Political Parties Act, 2011
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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