Damaris Nyarangi Mouni v Wafula W. Chebukati, Chairman IEBC & 3 others [2018] KEMC 6 (KLR)

Facts

Damaris Nyarangi Mouni was nominated by the ODM party and gazetted as a Member of Nyamira County Assembly on August 28, 2017. She was sworn in on September 7, 2017. The IEBC Chairman, Wafula W. Chebukati, filed a petition against her gazettement.

Issues

1. Whether the Petitioner was gazetted and sworn in as a Member of Nyamira County Assembly.
2. Whether IEBC has the mandate to revoke a gazetted Member.
3. Whether there was a petition against the Petitioner.
4. Whether the court has the power to declare the gazettement null and void.
5. Whether the Chief Magistrate's Court has jurisdiction over the petition.
6. Whether the Petitioner was validly nominated.
7. Whether the Petitioner is entitled to the reliefs sought.
8. Who bears the costs of the petition.

Reasoning

The court considered the evidence and found that the Petitioner was indeed gazetted and sworn in as a Member of Nyamira County Assembly. The court also noted that the 3rd Respondent (Irene Nyakerario Mayaka) was entitled to take office.

Outcome

The court did not grant a stay of the gazette volume and did not release the security for costs.

Authorities cited