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Ali Machani Mutoka & another v Speaker of the County Assembly of Bungoma & another [2018] KEHC 4402 (KLR)

[2018] KEHC 4402 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4402
Citation
[2018] KEHC 4402 (KLR)
Decided
10 September 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court of Kenya at BungomaCoramS.N. RIECHI
Holding

The court finds no merit in the petition and dismisses it with costs.

Facts

The petitioners Ali Machani Mutoka and Majimbo Okumu filed a petition against the Speaker of the County Assembly of Bungoma and the Clerk of the County Assembly of Bungoma alleging violations of Articles 1(3), 73(1)(a), 174(a)(i), 175(c), and 185(1)(2)(3) of the Constitution of Kenya.

Issues

  1. Violation of the 2/3 gender rule in the Committee on Selection
  2. Discrimination of membership on the basis of assembly parties

Reasoning

The court finds that the issues raised in the petition are not within the jurisdiction of the political parties tribunal established under Sec. 39 of the Political Parties Act.

Outcome

Dismissed with costs

Authorities cited

Legislation (2)
  • Constitution of Kenya
  • Political Parties Act
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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