Rose Moturi Mwene v Independent Electoral and Boundaries Commission & 3 others [2017] KEMC 77 (KLR)
- Court
- Magistrate's Courts
- Case number
- 77
- Citation
- [2017] KEMC 77 (KLR)
- Decided
- 15 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks to challenge the deletion of her name from the Gender Top Up List and the subsequent appointment of a different candidate as the elected Member of County Assembly.CoramV. KARANJA
Holding
The court has jurisdiction to hear the petition and dismisses the preliminary objection.
Facts
Petitioner was nominated by the Jubilee Party for a special seat in the Kisii County Assembly. Her name was published in newspapers and she was sworn in as a Member of County Assembly. However, her name was later deleted and replaced by a different candidate.
Issues
- Whether the Chief Magistrates Court has jurisdiction to hear the petition regarding the nomination of a Member of County Assembly.
- Whether the dispute falls under the jurisdiction of the Political Parties Tribunal.
Reasoning
The court holds that the dispute does not fall under the jurisdiction of the Political Parties Tribunal and that the Chief Magistrates Court has jurisdiction to hear the petition.
Outcome
The preliminary objection is dismissed.
Orders
- The petition is properly before the court and the court has jurisdiction to hear it.
Authorities cited
Legislation (5)
- Election Act No. 24 of 2011
- Elections (General) Regulations, 2012
- Elections (Party Primaries and Party Lists) Regulations, 2017
- Elections Act No. 24 of 2011
- Political Parties Act, 2011
Cases cited (2)
- LilianS case
- National Gender and Equality Commission (NGEC) –vs- I.E.B.C Constitutional Petition No. 147 of 2013
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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