Esther Okenyuri Anyieni v Mokumi Edmond Anthony & 3 others [2018] KEMC 13 (KLR)
- Court
- Magistrate's Courts
- Case number
- 13
- Citation
- [2018] KEMC 13 (KLR)
The court determined that the replying affidavits by the 1st and 3rd Respondents are responses to the Petition and that the Petitioner is in the right forum to challenge the nomination.
Facts
Petitioner Esther Okenyuri Anyieni filed a petition challenging the nomination of Mokumi Edmond Anthony by the Jubilee Party for the position of nominated member of Kisii County Assembly. The 1st Respondent was a registered voter in Ruaraka Constituency, Nairobi County.
Issues
- Whether the replying affidavits by the 1st and 3rd Respondents are responses to the Petition?
- Whether the failure by the Petitioner to lodge a complaint in the first instance renders her Petition a nullity?
- Whether the 1st Respondent nomination satisfies the Constitution and statutory requirements?
- Whether the reliefs sought can be granted?
Reasoning
The court ruled that the replying affidavits were proper responses to the Petition and that the Petitioner's Petition is not a nullity. The court also held that the nomination process was constitutional and that the Petitioner's relief cannot be granted.
Outcome
The Petitioner's Petition was dismissed.
Orders
- The Petitioner's Petition is dismissed.
- The 1st Respondent's nomination is valid and the gazzettement is valid.
Authorities cited
Legislation (4)
- Elections (Parliamentary and County Elections) Petition Rules, 2017
- Constitution of the Republic of Kenya, 2010
- Political Parties Act, 2011
- Election Act, 2011
Cases cited (2)
- Raila Odinga & Others –vs- IEBC and 3 Others [2017] eKLR
- National Gender and Equality Commission –vs- IEBC & Another [2013] eKLR
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