Lucas Mulinge Wambua v Independent Electoral & Boundaries Commission (I.E.B.C) & 3 others [2018] KEMC 46 (KLR)

Facts

The petitioner, Lucas Mulinge Wambua, is a member of Wiper Democratic Movement-Kenya. The 3rd respondent, JUSTUS MUTUA MASESI, was nominated by the interested party, Wiper Democratic Movement-Kenya, and his name was gazetted by the 1st respondent, the Independent Electoral & Boundaries Commission (IEBC). The petitioner claims that his name and that of the 3rd respondent were not in the original list submitted to the IEBC by their party, and that the final list submitted to the IEBC was irregular, unlawful, and void.

Issues

1. Whether the nomination and gazettement of the 3rd respondent, JUSTUS MUTUA MASESI as a member of the County Assembly of Makueni was lawful, legal and valid and whether the same was undertaken in accordance with the Constitution and Election laws.
2. What is the legal effect of the decision dated 1st August 2017 in Complaint No. 512 of 2017 at the Political Parties Dispute Tribunal and whether the same was complied with?
3. Whether the Petitioner's name was lawfully forwarded to the 1st respondent as being part of the party list of the interested party, Wiper Democratic Movement-Kenya.
4. Whether the petitioner, Lucas Mulinge Wambua is entitled to be gazetted as a duly nominated member of the County Assembly of Makueni.
5. What orders should be made as to costs.

Reasoning

The court determined that the petitioner's allegations were not supported by sufficient evidence and that the final list submitted to the IEBC was not irregular, unlawful, or void.

Outcome

The court dismissed the petition.