Justine Chemtai v Winnie Atieno Nyambok (Federal Party of Kenya Party Leader) & Independent Electoral Boundaries Commission [2017] KEMC 85 (KLR)
- Court
- Magistrate's Courts
- Case number
- 85
- Citation
- [2017] KEMC 85 (KLR)
- Decided
- 16 November 2017
The court dismissed the preliminary objection on jurisdiction and found the petition properly before the court. The court also found that failure to deposit security for costs does not invalidate the petition. The court ordered the case to be struck out with no order as to costs.
Facts
Justine Chemtai filed a petition challenging the gazettement of Winnie Atieno Nyambok as a member of Bungoma County Assembly. The petitioner claimed Nyambok was not a resident of Bungoma County and not married within the county. The 1st and 3rd Respondents raised preliminary objections.
Issues
- Whether the court has jurisdiction to entertain the petition
- Whether failure to deposit security for costs invalidates the petition
- Whether the court has jurisdiction to entertain the petition
Reasoning
The court held that without jurisdiction, a court has no power to make one more step. The court dismissed the preliminary objection on jurisdiction as the petition is an election petition and only the court should be seized of the matter. The court also ruled that failure to deposit security for costs does not invalidate the petition as it is a substantive requirement for the court's jurisdiction.
Outcome
Petition Struck Out
Orders
- The case be struck out with no order as to costs
Authorities cited
Legislation (2)
- Article 88 (4) (e) of the Constitution
- Section 74 of the Elections Act
Cases cited (3)
- David Ogege Oyugi -Vs- Muslim Dida & 2 Others (2016 eKLR Okwany W.A J.)
- Fatuma Zainabu Mohamed -vs- Ghali Derrita & 10 others (un reported Kisii Election Petition No. 6 of 2013 Murithii J.)
- Evans Nyambeso Zedekha & Another -vs-
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