Franklin Imbenzi Kalumbo v Independent Electoral and Boundaries Commission & another [2017] KEHC 4585 (KLR)
- Court
- High Court of Kenya
- Case number
- 4585
- Citation
- [2017] KEHC 4585 (KLR)
The court denied leave to file judicial review proceedings, concluding that it would not be in the interest of justice or the public to disrupt the electoral process.
Facts
The applicant, Franklin Imbenzi Kalumbo, sought leave to file judicial review proceedings against the Independent Electoral and Boundaries Commission (IEBC) and Milare Ronald Melkisedek. Kalumbo claimed he was denied the chance to be heard and that his democratic rights were under threat.
Issues
- Whether the applicant's constitutional rights were violated by the IEBC's decision to register Milare Ronald Melkisedek as the candidate for Member of County Assembly Harambee Ward Nairobi County.
- Whether the court should grant leave to file judicial review proceedings to address the alleged violation of rights.
Reasoning
The court considered the timing of the application, the risk of disrupting the election, and the potential for a well-organized electoral process. The court concluded that the applicant's prospects of success were not absolute and that the public interest outweighed the individual interest.
Outcome
Leave to file judicial review proceedings denied
Orders
- Summons dated 28 June 2017 dismissed
- No order as to costs
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