Republic v The Independent Electoral and Boundaries Commission

BOUNDARIES COMMISSION ...................... 1ST RESPONDENT AND UNITED REPUBLICAN PARTY ...... 1ST INTERESTED PARTY THE SPEAKER, BARINGO COUNTY ASSEMBLY ... 2ND INTERESTED PARTY JENNIFER NARIAMUT KOIPIRI ......3RD INTERESTED PARTY JULIANA SIAYON LETANGULE ..... 4TH INTERESTED PARTY STELLA KALEGENO………............ 5TH INTERESTED PARTY EX PARTE RISPER KIMAIYO JEBICHI JUDGMENT 1. In the matter before us, the applicant raised the issue that the Commissioner presiding over the IEBC Dispute Resolution Committee was related to one of the parties interested in nomination to the Baringo County Assembly through the United Republican Party. 2. Although the respondent stated that the Commissioner recused himself from the proceedings and did not take part in the deliberations, we do not see any indication of this in the record of proceedings or the decision before us. 3. In the circumstances we hereby order as follows; a. We hereby set aside the decisions in Complaint No. IEBC/NDRC/PL/215/2013 (Rodgers Kiptoo v URP) and IEBC/NDRC/PL/216/2013 (Risper Kimaiyo v URP) b. We direct that the Complaints shall be heard before a differently constituted Committee of the IEBC excluding Commissioner Letangule. c. The determination shall be made within 14 days from the date hereof. DATED and DELIVERED at NAIROBI this 12th July 2013 MUMBI NGUGI D.S. MAJANJA JUDGE JUDGE W.K. KORIR JUDGE

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