Automated Summary
Key Facts
The Unity Party of Kenya and Lucyline Karimi Murithi filed a Chamber Summons on August 16, 2013, seeking to set aside the gazettement of Angelina Akai Lodi as a nominated representative to the Tharaka-Nithi County Assembly. The court ruled that the challenge to the gazettement (published July 17, 2013) must be pursued via an election petition under the Elections Act, 2011, not judicial review. The application was dismissed due to lack of jurisdiction and no prospects of success.
Issues
- The court concluded that the only valid method to challenge the election is through an election petition, not judicial review, and dismissed the application for lack of jurisdiction and no prospects of success.
- The court determined that the gazettement of the interested party as a nominated representative to the Tharaka-Nithi County Assembly cannot be challenged through a judicial review application but must be done via an election petition as per the Elections Act, 2011.
Holdings
- The members of the County Assembly were duly gazetted by the gazette notice published on 17th July 2013. In the circumstances, the only way the election can be challenged is through an election petition and not through an application for judicial review as provided in the Elections Act, 2011.
- As this application has no prospects of success and the court lacks the jurisdiction to intervene in the manner suggested by these proceedings, leave sought in the Chamber Summons dated 16th August 2013 is declined and the application dismissed.
Remedies
The court dismissed the application for judicial review filed by the Unity Party of Kenya and Lucyline Karimi Murithi, ruling that the application has no prospects of success and that the court lacks jurisdiction to intervene in the manner suggested by these proceedings.
Legal Principles
The court dismissed the judicial review application for setting aside the gazettement of a nominated county assembly representative, holding that challenges to election outcomes must be pursued through election petitions as mandated by the Elections Act, 2011. The ruling emphasized the court's lack of jurisdiction to intervene in such matters via judicial review proceedings.
Cited Statute
Elections Act, 2011
Judge Name
D.S. Majanja
Passage Text
- As this application has no prospects of success and the court lacks the jurisdiction to intervene in the manner suggested by these proceedings, leave sought in the Chamber Summons dated 16th August 2013 is declined and the application dismissed.
- The members of the County Assembly were duly gazetted by the gazette notice published on 17th July 2013. In the circumstances, the only way the election can be challenged is through an election petition and not through an application for judicial review as provided in the Elections Act, 2011.