Hamdi Ahmed Ali v Victoria Cheruto Limo & 2 others [2018] KEMC 20 (KLR)
- Court
- Magistrate's Courts
- Case number
- 20
- Citation
- [2018] KEMC 20 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner vs RespondentsCoramJ.
Holding
The nomination of the 1st Respondent is nullified, and the Petitioner is ordered to be elected as the Kenya Patriot's Party gender special seat nominee.
Facts
In June 2017, Kenya Patriot's Party invited applications for nomination in Garissa County. The Petitioner and the 1st Respondent applied for the special seat nominee (gender top-up). The 2nd Respondent published a list excluding the nominees.
Issues
- Who better represents the interest of women in Garissa County
- Whether the 1st Respondent's nomination was in accordance with Article 90(2)(c) of the Constitution and Section 7 of the County Governments Act
Reasoning
The court found the 1st Respondent not familiar with Garissa County's issues and culture, thus not representing the interest of women. The nomination was also not in line with Article 90(2)(c) and Section 7 of the County Governments Act.
Outcome
Petition allowed
Orders
- Nullify the nomination of the 1st Respondent
- Compel the 2nd Respondent to elect the Petitioner as the nominee
Remedies
- Declare the 2nd Respondent failed to ensure all qualified candidates were on the party lists
- Compel the 2nd Respondent to elect the Petitioner as the nominee
Authorities cited
Legislation (4)
- Article 90(2)(c) of the Constitution
- Section 7 of the County Governments Act No 17 of 2012
- Elections (General Regulations) 2012
- Elections (Party Primaries and Party Lists) Regulations, 2017
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.
Loading judgment…