Jane Chemutai Koskei v Independent Electoral and Boundaries Commission & another [2018] KEMC 26 (KLR)
- Court
- Magistrate's Courts
- Case number
- 26
- Citation
- [2018] KEMC 26 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner seeks declaration and orders against the 1st and 2nd RespondentsCoramHON.G.A.MMASI (MRS) SENIOR PRINCIPAL MAGISTRATE
Holding
The Petitioner is awarded costs of Kshs.200,000/= and a certificate of this determination
Facts
The Petitioner seeks to include her name in the Laikipia County Assembly Gender Top-up list, which was published on 28/8/2017. Her name was initially included but later removed. She applied to the Political Parties Disputes Tribunal, which ordered her inclusion. However, the list was not re-gazetted.
Issues
- Declaration that the purported publication of the Laikipia County Assembly Gender Top-up list is illegal
- Order for the 1st Respondent to re-gazette the list with the Petitioner's name included
- Order for the 1st Respondent to include the Petitioner in the party list for nomination
Reasoning
The court found the publication of the list illegal and ordered its re-gazetting with the Petitioner's name included.
Outcome
Petitioner wins
Orders
- Awarding costs to the Petitioner
- Issuance of a certificate of determination
Remedies
- Re-gazetting the list with the Petitioner's name included
- Inclusion of the Petitioner in the party list for nomination
Authorities cited
Legislation (4)
- Articles 82(1)(b), 90(2)(c), 177(1)(b) and 177(2) of the Constitution of Kenya 2010
- Sections 6(2)(c), 40(1)(b) and Schedule (d) of the Political Parties Act No. 11 of 2011
- Section 34, 36 and 109 of the Elections Act No. 24 of 2011
- Regulations (General) Regulations 2012
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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