Susan Washuka v Independent Electoral and Boundaries Commission & another [2018] KEHC 8257 (KLR)
- Court
- High Court of Kenya
- Case number
- 8257
- Citation
- [2018] KEHC 8257 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court, KabarnetCoramEDWARD M. MURIITHI
Holding
The court upholds the preliminary objection on jurisdiction and strikes out the petition.
Facts
Susan Washuka, a Jubilee Party member, was not included in the final list of nominees for the County Assembly of Baringo County. She filed a petition against the Independent Electoral and Boundaries Commission (IEBC) and the Attorney General.
Issues
- Whether the matter is an election dispute for purposes of Article 87(2) of the Constitution.
- Whether the court has jurisdiction to hear the petition.
Reasoning
The court finds that the matter is not an election dispute and thus does not fall under the jurisdiction of the High Court to determine election petitions. The court upholds the preliminary objection and strikes out the petition.
Outcome
The petition is struck out.
Orders
- Preliminary Objection on jurisdiction upheld.
- Petition struck out.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Elections Act 2011
Cases cited (1)
- Gideon Mwangangi Wambua & Another V Independent Electoral and Boundaries Commission & 2 Others [2013] eKLR
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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