Hamida Yaroi Shek Nuri v Independent Electoral and Boundaries Commission & 2 others [2018] KEMC 79 (KLR)
- Court
- Magistrate's Courts
- Case number
- 79
- Citation
- [2018] KEMC 79 (KLR)
Faith Tumaini Kombe was not eligible for nomination as a Member of County Assembly as she is not a registered voter. The nomination of Faith Tumaini Kombe is invalid, null and void. The nomination of Faith Tumaini Kombe is set aside. The court orders the 1st respondent to Gazette the petitioner as the woman nominee of the 2nd respondent for Tana River County Assembly Nominee in the Gender top up list.
Facts
Faith Tumaini Kombe was nominated by Amani National Congress for Tana River County Assembly, but she was not registered as a voter. The petitioner, HAMDIA YAROI SHEK NURI, filed a petition challenging her nomination.
Issues
- Whether Faith Tumaini Kombe was validly nominated and elected as a member of Tana River County Assembly
- What orders should the court grant if the nomination is invalid
Reasoning
The court found that Faith Tumaini Kombe was not a registered voter, failing to meet the constitutional requirement for nomination. The court also noted the 1st respondent's failure to ensure all nominees met the requirements.
Outcome
Petition allowed
Orders
- A declaration that Faith Tumaini Kombe was not eligible for nomination as a Member of County Assembly
- A declaration that the nomination of Faith Tumaini Kombe was invalid, null and void
- The nomination of Faith Tumaini Kombe is set aside
- The 1st respondent is ordered to Gazette the petitioner as the woman nominee of the 2nd respondent for Tana River County Assembly Nominee in the Gender top up list
Remedies
- A declaration that Faith Tumaini Kombe was not eligible for nomination as a Member of County Assembly
- A declaration that the nomination of Faith Tumaini Kombe was invalid, null and void
- The nomination of Faith Tumaini Kombe is set aside
- The 1st respondent is ordered to Gazette the petitioner as the woman nominee of the 2nd respondent for Tana River County Assembly Nominee in the Gender top up list
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Elections (Parliamentary and County Elections) Petitions Rules, 2017
- Elections (General) Regulations, 2012
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