Caroli Omondi v Registrar of Political Parties & another [2017] KEHC 8769 (KLR)
- Court
- High Court of Kenya
- Case number
- 8769
- Citation
- [2017] KEHC 8769 (KLR)
- Decided
- 15 May 2017
The court held that the petitioner is eligible to be an independent candidate and ordered the Registrar of Political Parties to issue the petitioner with the requisite clearance.
Facts
Petitioner Caroli Omondi resigned from the Orange Democratic Movement on 8th May 2017 to become an independent candidate for the 8th August 2017 general election. She unsuccessfully participated in the party's primaries and appealed the results to the National Appeals of the Orange Democratic Party. Dissatisfied, she filed an appeal in the High Court. On 8th May 2017, she applied for clearance from the Registrar of Political Parties, stating she was not a member of any political party due to her resignation.
Issues
- Whether the petitioner is eligible to be an independent candidate
- Whether the Registrar of Political Parties should issue the petitioner with the requisite clearance
Reasoning
The court found that the petitioner's resignation from the Orange Democratic Movement on 8th May 2017 was valid and that she was not a member of any political party, thus meeting the eligibility criteria for independent candidacy.
Outcome
The court granted the petition and ordered the Registrar of Political Parties to issue the petitioner with the requisite clearance.
Orders
- Registrar of Political Parties to issue the petitioner with the requisite clearance
Authorities cited
Legislation (2)
- Article 22 (1) of the Constitution of Kenya, 2010
- Article 38 (3) (c) of the Constitution of Kenya, 2010
Cases cited (3)
- Marbury vs. Madison, 5 U.S. 137 (1803)
- Keshava Menon v. State of Bombay[1951] S.C.R. 228
- Maitha vs. Said and Another, (1999) 2 E.A 181
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