Samuel Otieno Otaja v Independent Electoral and Boundaries Commission & 2 others

REPUBLIC OF KENYA High Court at Nairobi (Nairobi Law Courts) Judicial Review 20 of 2013 SAMUEL OTIENO OTAJA................................................................................................APPLICANT AND INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ..............1ST RESPONDENT ORANGE DEMOCRATIC MOVEMENT .............................................................2ND RESPONDENT KEN OBURA.........................................................................................................3RD RESPONDENT RULING I have considered the material that has been placed before the court and in my view, the complaint relating to the nomination can be dealt with by the Independent Electoral and Boundaries Commission in terms of the provisions of Article 88(4)(e) of the Constitution and section 74 of the Elections Act. There is no evidence on record that complaint was lodged and rejected. The applicant is entitled to lodge such a complaint. In the circumstances, the Notice of Motion dated 4th February 2013 be and is hereby dismissed with no order as to costs. Dated and Delivered at Nairobi this 5th February 2013 D.S. MAJANJA JUDGE