Republic v Registrar of Political Parties Ex-parte Federal Party of Kenya [2015] KEHC 7783 (KLR)
- Court
- High Court of Kenya
- Case number
- 7783
- Citation
- [2015] KEHC 7783 (KLR)
- Decided
- 26 October 2015
The Court finds the Registrar's failure to comply with the Tribunal's decision and upholds the Party's right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
Facts
The Federal Party of Kenya applied for an order of mandamus compelling the Registrar of Political Parties to effect changes in the Party's record based on a meeting held on August 3, 2014. The Registrar did not comply with the Tribunal's decision.
Issues
- Registrar's failure to comply with the Tribunal's decision
- Party's right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair
Reasoning
The Court applies the principles of judicial review and the parameters of mandamus as set out in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others. The Court holds that the Registrar's inaction is not excusable and that the Party's right to administrative action is protected by Article 47(1) of the Constitution.
Outcome
The Court upholds the Party's application for an order of mandamus.
Orders
- Registrar of Political Parties to effect changes in the Party's record as per the Party's NDC meeting of August 3, 2014
Remedies
- Registrar of Political Parties to effect changes in the Party's record
Authorities cited
Legislation (3)
- Article 47(1) of the Constitution
- Article 169 of the Constitution
- Article 129 of the Constitution
Cases cited (2)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
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