Jennifer Letuiya v Independent Electoral and Boundaries Commission & another [2018] KEHC 7546 (KLR)
- Court
- High Court of Kenya
- Case number
- 7546
- Citation
- [2018] KEHC 7546 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a decision of the Independent Electoral and Boundaries Commission (IEBC)CoramJustice Majanja, Justice Muli
Holding
The court held that the applicant's nomination was not valid and should be quashed.
Facts
The applicant Jennifer Letuiya was nominated by the Jubilee Party to represent persons with disabilities in the Samburu County Assembly. The IEBC replaced her name with that of Pauline Wanjiku Kigera in the Kenya Gazette Notice 5116 of 6th September, 2017.
Issues
- Whether the IEBC's decision to replace the applicant's name with that of the 2nd respondent was in accordance with the law.
- Whether the applicant's nomination was valid and should be quashed by the court.
Reasoning
The court determined that the applicant's nomination was an election and could only be challenged through the process set out in the Constitution and the Election Act, not through a Judicial Review.
Outcome
The court quashed the IEBC's decision to replace the applicant's name.
Orders
- To quash the decision of the IEBC to replace the applicant's name with that of the 2nd respondent.
Authorities cited
Legislation (2)
- Election Act
- Constitution of Kenya
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
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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