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Court of AppealAllowedCivil Appeal No. 176 of 2017· [2017] KECA 468 (KLR)

Perpetua Mponjiwa v Elius Okumu Otieno & 4 others [2017] KECA 468 (KLR)

Court of Appeal of Kenya
23 June 2017
RNR. N. NambuyeDMD. K. MusingaSKS. Gatembu Kairu
366 words in judgment
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The bottom line

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Kenya's Court of Appeal threw out a High Court decision on an ODM nomination and ordered a fresh nomination under the party's own rules within 48 hours.

What this practically means

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Executive summary

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This is the operative judgment of a full bench of the Court of Appeal at Nairobi (Nambuye, Musinga and Gatembu Kairu, JJA) delivered on 23 June 2017 in Civil Appeal No. 176 of 2017, an appeal by Perpetua Mponjiwa against the judgment and orders of Kimaru, J in Election Petition No. 30 of 2017 concerning the ODM nomination for the County Assembly representative of Kileleshwa Ward, Nairobi County. The court heard the consolidated appeals on 21 June 2017 and, reserving its reasons for 28 July 2017, issued orders on the same day as delivery. The appeal was allowed in its entirety; the judgment of Kimaru, J delivered on 16 May 2017 and affirmed on 31 May 2017 was set aside; the nomination of the first respondent, Elius Otieno Okumu, as the ODM candidate for Kileleshwa Ward was set aside; and the party was directed to conduct a fresh nomination exercise in accordance with its current Constitution, Election and Nomination Rules within 48 hours of 4.00pm on the date of delivery. Each party was ordered to bear its own costs. The version of the judgment supplied contains no separate opinions, no cited authorities, no statutory provisions, and no enunciation of the issues or reasoning; the reasons were to follow later and are not before the analyst. What binds lower courts from this decision is its disposition: a High Court judgment interfering with a party nomination may be reversed on appeal, and the political party directed to redo the nomination under its own rules.

Key legal issues

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01

Whether the High Court's judgment and orders in Election Petition No. 30 of 2017 should stand

Holding

The appeal was allowed in full and the High Court judgment and orders, including the affirmation of 31 May 2017, were set aside.

Reasoning

The version of the judgment supplied contains only the operative orders and indicates that reasons would follow on 28 July 2017. The court recorded that the consolidated appeals were exhaustively argued and the record considered in totality, but the reasoning underpinning the decision is not before the analyst in this document.

p. 2
02

The validity of the first respondent's nomination as ODM candidate for County Assembly representative for Kileleshwa Ward

Holding

The nomination of Elius Otieno Okumu was set aside and a fresh nomination ordered within 48 hours.

Reasoning

The court, sitting as a full bench of three judges of appeal, directed the party to conduct a fresh nomination exercise in accordance with the party's current Constitution, Election and Nomination Rules. This is the operative dispositive ruling; the supporting reasoning is contained in the reasons reserved to 28 July 2017, which are not part of the document supplied.

p. 2

Legal principles established

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  • Where a party nomination is impugned, the High Court's judgment setting aside the party's chosen candidate may be reversed on appeal and the political party directed to conduct a fresh nomination in accordance with its own constitution, election and nomination rules.

Court orders

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  1. 1.The Appeal be and is hereby allowed.
  2. 2.The Judgment of the Hon. Mr. Justice Luka Kimaru, J delivered on the 16th day of May, 2017 and as affirmed by him on the 31st day of May, 2017 be and is hereby set aside.
  3. 3.The nomination of Elius Otieno Okumu as the Orange Democratic Movement Party's candidate for the position of County Assembly representative for Kileleshwa Ward, Nairobi County be and is hereby set aside.
  4. 4.The Democratic Movement party, the 2nd respondent, is directed to conduct fresh nomination exercise for the position of County Assembly representative for Kileleshwa ward in accordance with the party's current Constitution, Election and Nomination Rules within 48 hours from 4.00pm today.
  5. 5.Each Party to bear their own costs.
On appeal from
High Court of Kenya at Nairobi
Election Petition No. 30 of 2017
Jurisdiction invoked
Appeal from the High Court under the electoral dispute resolution framework; specific provision not stated in the judgment as supplied

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Perpetua Mponjiwa v Elius Okumu Otieno & 4 others [2017] KECA 468 (KLR)", Case Analysis (2017). Civil Appeal No. 176 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/468/eng@2017-06-23

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