Republic v Independent Electoral & Boundaries Commission & 4 others Ex-parte Nixon Kiprotich Morogo [2017] KEHC 8934 (KLR)

Facts

The applicant, Nixon Kiprotich Morogo, sought to remove his name from the list of Jubilee Party candidates for the position of Member of County Assembly, Solai Ward, Nakuru County, due to a decision by the Independent Electoral and Boundaries Commission (IEBC) Committee. The applicant also sought to prohibit the IEBC from publishing the name of the 3rd Interested Party as a candidate and from removing his name from the list.

Issues

1. Whether the Court can issue the orders sought against the 3rd interested party.
2. Whether the Committee was entitled to preside over the proceedings.

Reasoning

The Court found that the Committee was mandated by the Constitution to determine disputes and that the decision to gazette a candidate as an independent candidate involves a particular candidate and not a political party. The Court also held that a party who has been cleared and gazetted to contest as an independent candidate is not eligible to be cleared again as a candidate for any political party.

Outcome

The Court upholds the decision of the IEBC Committee and the gazette notice.

Authorities cited