Republic v Independent Electoral and Boundaries Commission Ex-Parte Mohamed Ibrahim Abdi & 4 others [2017] KEHC 9151 (KLR)
- Court
- High Court of Kenya
- Case number
- 9151
- Citation
- [2017] KEHC 9151 (KLR)
- Decided
- 3 August 2017
The court finds that an order of mandamus cannot be granted because it would compel the Respondent to act illegally, and the duty imposed by the law is expressly barred by the Elections Act.
Facts
The applicants are voters in Mandera North Constituency who seek the transfer of their votes to specific polling stations and rectification of the voters' register due to alleged irregularities in the election process.
Issues
- The Elections Act's prohibition on registration and revision of the voters' register during a general election period
- Whether an order of mandamus can be granted to compel the Respondent to act in a manner prohibited by the Elections Act
Reasoning
The court applies principles from Kenya National Examinations Council vs. Republic Ex Parte Geoffrey Gathenji Njoroge & Others Civil Appeal No. 266 of 1996 [1997] eKLR and Shah vs. Attorney General (No. 3) Kampala HCMC No. 31 of 1969 [1970] EA 543 to determine that mandamus cannot be issued to compel the Respondent to act in a manner prohibited by the Elections Act.
Outcome
The court denies the applicants' request for an order of mandamus.
Authorities cited
Legislation (2)
- Elections Act
- Constitution of Kenya, 2010
Cases cited (1)
- Kenya National Examinations Council vs. Republic Ex Parte Geoffrey Gathenji Njoroge & Others Civil Appeal No. 266 of 1996 [1997] eKLR
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