Hafidmaalim Ibrahim & another v Economic Freedom Party & 3 others [2018] KEMC 85 (KLR)
- Court
- Magistrate's Courts
- Case number
- 85
- Citation
- [2018] KEMC 85 (KLR)
The petitions before this court were frivolous, vexatious, scandalous, and an abuse of the court processes. The court had no jurisdiction to entertain the petitions and the same ought to have been struck out ab initio.
Facts
The Economic Freedom Party was allocated two special seats for youth and one for PWD by the Independent Electoral and Boundaries Commission (IEBC) after the election results. The petitioners and the 3rd and 4th respondents were members of the party and were nominated by the party for the Mandera County Assembly.
Issues
- Whether the dispute arose subsequent to the declaration of the election results
- Whether the petitioners were members of the party
- Whether the petitioners were eligible for nomination by the party
- Whether the petitioners were nominated by the party
- Whether the party or any of the respondents violated the party nomination rules, the provisions of the Elections Act or the Constitution
- Whether the party list submitted by the party to the commission for purposes of section 34(4) of the Elections Act can be amended during the term of the county Assembly for which the 3rd and 4th respondents were nominated
Reasoning
The court found that the petitioners were members of the party and were eligible for nomination. The party list submitted by the party to the IEBC for the purposes of their nomination cannot be amended during the term of the County Assembly for which they were nominated.
Outcome
The petitions were struck out and/or dismissed with costs to the respondents.
Orders
- The petitions dated 4th September 2017 and 15th September 2017 (consolidated) were struck out and/or dismissed with costs to the respondents to be borne by the petitioners severally.
Authorities cited
Legislation (3)
- Elections Act 2011
- Political Parties Act
- Constitution of Kenya 2010
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