Asha Adbi v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 48 (KLR)

Facts

The petitioner contests the nomination of members of County Assembly Nairobi County under Article 177 (1) b and c of the Constitution. Her case against the 1st respondent is that it failed to scrutinize the party list forwarded to it by the 2nd respondent in order to ensure that the list complied with the constitution, Election Laws and Regulations and that it failed to ensure that the special interest groups were represented. The petitioner’s case against the 2nd respondent is that it failed to comply with the provision of Section 25(1) of the Election Act by nominating unregistered voters. That it failed to comply with provision of Article 90 (2) (c) of the constitution by nominating candidates outside the county for which the post were created.

Issues

1. Failure to scrutinize party list
2. Nominating unregistered voters
3. Nominating candidates outside the county
4. Failure to provide a list of members to the 1st respondent
5. Failure to adhere to Party Election and Nomination Rules
6. Failure to comply with orders issued by the 1st respondent disputes resolution committee

Reasoning

The Court finds that the petitioner's case is based more on speculation and she was unable to prove her allegations with tangible evidence. The Court is satisfied that the 1st respondent properly and adequately discharged its mandate in accordance with the provision of the law and that the 2nd respondent adhered to its guidelines and principles for party nomination of party list and as set out under the law and that it complied with its guidelines.

Outcome

Petition dismissed with costs

Authorities cited