Margaret Nyathogora & 5 others v I.E.B.C & 14 others [2018] KEMC 7 (KLR)
- Court
- Magistrate's Courts
- Case number
- 7
- Citation
- [2018] KEMC 7 (KLR)
- Decided
- 31 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the Political Parties Disputes Tribunal (PPDT) to the Chief Magistrate's CourtCoramNyarangi
Holding
The court lacks jurisdiction to handle the matter at hand.
Facts
The petitioners filed appeals against the party list published on 23/7/2017 first at the Jubilee Party Appeals Tribunal and then at the PPDT, but their complaints were not heard.
Issues
- Jurisdiction of the court
- Validity of the respondents' nominations
- Burden of proof
- Whether the petitioners deserve the orders sought
- Costs
Reasoning
The court ruled that the petitioners cannot present their petition regarding nomination grievances without first lodging it with the 1st respondent (IEBC) as required by the Constitution and the Elections Act.
Outcome
The petition is dismissed.
Authorities cited
Legislation (3)
- Article 88(4) of the Constitution
- Article 82(1)(b) of the Constitution
- Elections Act
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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