Stefania Stain Lanyasunya v Independent Electoral and Boundaries Commission & another [2018] KEHC 7527 (KLR)
- Court
- High Court of Kenya
- Case number
- 7527
- Citation
- [2018] KEHC 7527 (KLR)
The court held that the replacement of the applicant's name by IEBC was an electoral dispute that could only be addressed through an election court, not a judicial review.
Facts
The Independent Electoral and Boundaries Commission (IEBC) replaced the applicant's name with that of Emily Chepkemoi as a nominee of the Democratic Congress Party (D.C. party) for the Samburu County Assembly. The applicant claimed this was illegal and sought a quashing order.
Issues
- Whether the replacement of the applicant's name by IEBC was an electoral dispute that could be addressed through judicial review.
- Whether the applicant's nomination was valid and whether the replacement was legal.
Reasoning
The court found that the replacement was an electoral act and thus required an election court to determine its correctness. The court also noted that the applicant's argument of filing an election petition was flawed.
Outcome
The court dismissed the applicant's application for a quashing order.
Authorities cited
Cases cited (5)
- IN THE MATTER AN APPLICATION BY JALDESA TOKE DABELO
- Kones v R & ANOTHER EX-PARTE KIMANI WANYOIKE
- NATIONAL ALLIANCE PARTY
- STEVE KARIUKI – V- GEORGE WANJOHI
- MOSES MWICIGI
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