Judith Anyango Elizabeth Oyugi v Independent Electoral & Boundaries Commission (IEBC (Disputes Resolution Committee of the Independent Electoral & Boundaries Commission & 2 others [2017] KECA 407 (KLR)

Court of Appeal

21 July 2017

PWP.N. Waki

W. Ouko SKS. Gatembu Kairu

536 words in judgment

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The bottom line

The Court of Appeal ordered Kenya's electoral commission to gazette Judith Oyugi as ODM's nominee for East Asembo Ward, reversing a High Court decision that had unfairly denied her a hearing.

What this practically means

Executive summary

The Court of Appeal at Nairobi (Waki, Ouko and Gatembu Kairu, JJ.A) allowed an appeal by Judith Anyango Elizabeth Oyugi against a ruling of the High Court at Siaya (Makau, J.) delivered on 30th June 2017, which had dismissed her notice of motion for judicial review brought under Articles 22, 23, 47 and 258 of the Constitution, sections 8 and 9 of the Law Reform Act and Order 53 Rule 1 of the Civil Procedure Rules. The dispute concerned nomination as the Orange Democratic Movement Party candidate for Member of County Assembly, East Asembo Ward, Rarieda Constituency, in the run-up to the 2017 elections. The High Court had found that the appellant withdrew her membership of the party, was gazetted as an independent candidate, frustrated efforts at personal service, and squandered an opportunity to be heard; it dismissed the motion and directed that the 2nd respondent be gazetted as the party's nominee. The Court of Appeal, on written submissions and oral highlights, held that the learned Judge misdirected himself on the law and arrived at an erroneous conclusion. It allowed the appeal, set aside the High Court ruling and orders, and directed the IEBC to gazette the appellant as the 3rd respondent's nominee for East Asembo Ward and to revoke Kenya Gazette No. 6759 of 14th July 2017, Sixth Schedule, Serial No. 1467. Each party was ordered to bear its own costs of the appeal. The judgment is a single judgment of the court with no separate opinions or dissents.

Key legal issues

Whether the High Court correctly dismissed the appellant's judicial review motion concerning her nomination and gazettement

Holding

The Court of Appeal allowed the appeal, holding that the High Court Judge misdirected himself on the law, and set aside the ruling and orders, directing that the appellant be gazetted as the 3rd respondent's nominee.

Reasoning

The High Court had dismissed the motion on the basis that the appellant had withdrawn from the party and frustrated service, yet had simultaneously declared her gazettement as the party's nominee of no effect. The appellate court, having heard counsel and considered the written submissions and authorities, concluded that these legal misdirections led to an erroneous conclusion on the questions before the Judge, warranting the court's intervention by way of appeal.

p. 2

Legal principles established

Where a lower court misdirects itself on the law, an appellate court will interfere with the resulting conclusion as erroneous.

Court orders

1.Appeal allowed
2.Ruling and orders of the High Court made on 30th June 2017 set aside
3.1st respondent ordered to gazette the name of the appellant, Judith Anyango Elizabeth Oyugi, as the nominee of the 3rd respondent for Member of the County Assembly, East Asembo, Rarieda Constituency, Siaya County
4.1st respondent ordered to revoke the Kenya Gazette No. 6759 of 14th July 2017 in the Sixth Schedule, Serial No. 1467
5.Each party to bear their own costs of the appeal

Authorities

Legislation

Constitution of Kenya, 2010Article 22
Constitution of Kenya, 2010Article 23
Constitution of Kenya, 2010Article 47
Constitution of Kenya, 2010Article 258
Law Reform ActSections 8 and 9
Civil Procedure RulesOrder 53 Rule 1(1)(2) and (4)

On appeal from: High Court at Siaya; Judicial Review Appl. No. 2 of 2017 (Original No. 332 of 2017, Arising from Complaint No. 334 of 2017 – Nairobi)
Jurisdiction invoked: Appeal from the High Court exercising judicial review jurisdiction under Articles 22, 23, 47 and 258 of the Constitution, sections 8 and 9 of the Law Reform Act and Order 53 Rule 1(1)(2) and (4) of the Civil Procedure Rules

Key timeline

Practical implications

Frequently asked questions

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Cite this brief

Caselaw, "Judith Anyango Elizabeth Oyugi v Independent Electoral & Boundaries Commission (IEBC (Disputes Resolution Committee of the Independent Electoral & Boundaries Commission & 2 others [2017] KECA 407 (KLR)", Case Analysis (2017). Civil Appeal No. 214 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/407/eng@2017-07-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.