David Ogega Oyugi & another v Muslim Dida & 2 others [2016] KEHC 3438 (KLR)
- Court
- High Court of Kenya
- Case number
- 3438
- Citation
- [2016] KEHC 3438 (KLR)
- Decided
- 15 August 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from a previous decisionCoramHON. W. A. OKWANY
Holding
The court finds that the petition is res judicata and lacks jurisdiction to entertain the case.
Facts
The 1st respondent, Muslim Dida, was nominated as a member of Kisii County Assembly, but her name was not on the party list submitted by United Democratic Forum (UDF). The 2nd respondent, IEBC, published the list and resubmitted it. The 1st petitioner, David Ogega Oyugi, and 2nd petitioner, Jared Osano Atancha, filed a petition challenging the nomination.
Issues
- Whether the nomination of the 1st respondent was in violation of the Constitution of Kenya 2010 and Elections Act, 2011.
- Whether the name of the 1st respondent should be struck out and a deserving candidate gazetted.
Reasoning
The court upholds the 1st respondent's preliminary objection, finding that the issues raised in this petition are the same as those in previous cases, and thus the petition is res judicata.
Outcome
The petition is dismissed with costs to the 1st and 2nd respondent.
Orders
- Dismiss the petition with costs
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Elections Act 2011
- Civil Procedure Act
Cases cited (2)
- Benard Mugo Ndegwa vs James Nderitu Githae & 2 others [2010] eKLR
- ET- VS Attorney General & Another
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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