Lynnet Mbula Mutula & 2 others v Independent Electoral & Boundaries Commission & 7 others [2018] KEHC 5690 (KLR)
- Court
- High Court of Kenya
- Case number
- 5690
- Citation
- [2018] KEHC 5690 (KLR)
- Decided
- 6 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the judgment of Hon. J.N. Mwaniki (SPM) in the Senior Principal Magistrate’s Court at Makueni in Election Petition No. 2 of 2017CoramHon., Judge Pius Aderemi, Nyarangi
Holding
The court held that reorganizing the marginalized list submitted by the Wiper party amounted to an error of law.
Facts
The case involves three appeals arising from the judgment and decree of the Senior Principal Magistrate's Court at Makueni regarding the reorganization of a marginalized list submitted by the Wiper party to the IEBC.
Issues
- Whether the actions of the learned trial magistrate in reorganizing the marginalized list submitted by the Wiper party to the IEBC have legal backing.
- Whether the petitioner's right to be heard was violated by the reorganization of the marginalized list.
Reasoning
The court found that the reorganization of the marginalized list was an amendment, which is not within the mandate of the IEBC. The court also noted that the petitioner's right to be heard was violated.
Outcome
Affirmed
Authorities cited
Legislation (4)
- Article 177(2) of the Constitution of Kenya, 2010
- Article 90(2) of the Constitution
- Political Parties Act, No. 11 of 2011
- Elections Act, 2011
Cases cited (2)
- National Gender & Equality Commission v IEBC & 3 others (2013)
- Kenya Human Rights Commission v Non-Governmental Organizations' Co-Ordination Board (2016)
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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