REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 295 OF 2013 BETWEEN JUSTICE K. KEMEI ................................................... 1ST PETITIONER ROSE CHEPNGENO KAPTICH ............................. 2ND PETITIONER BETHWEL KIPROTICH LANGAT ......................... 3RD PETITIONER AND UNITED REPUBLICAN PARTY ........................... 1ST RESPONDENT THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ........................... 2ND RESPONDENT JUDGMENT 1. Before the Independent Electoral and Boundaries Commission “IEBC” Dispute Resolution Committee, the 1st petitioner, the current Member of National Assembly for Sigowet/Soin Constituency, contended that the United Republican Party (URP) nominations to Kericho County Assembly were improper due to under representation of Sigowet/Soin Constituency. Rose Chepngeno Kaptich contended that, “Sigowet Soin Constituency was not allocated any seats under the gender Top-up list in the whole County” and that the County had 17 slots and that her nomination would have ensured regional balance. Bethwell Kiprotich Langat stated that no seat has been allocated to the marginalised Sigowet/Soin Constituency in which he would have been selected.
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2. The IEBC Dispute Resolution Committee in Complaint No. 240/2013(Rose Chepngeno Kaptich v URP) stated as follows, “[t]he Complainant is not on the Party List submitted to the IEBC. The Committee has no jurisdiction over disputes relating to the process of preparation of the party list submitted to the IEBC. There is no requirement that nominations should consider regional distribution or balancing of the constituencies. Article 90(2) of the Constitution provides that nominations are considered on priority as per the party list.” 3. Likewise in complaint No. 239 of 2013 (Betwel Kiprotich Langat v URP) the Committee noted that, “The complainant is not on the party list submitted to the IEBC. The Committee has no jurisdiction over disputes relating to the process of preparation of the party list submitted to the IEBC. There is no requirement that nominations to the party list should consider all wards in a county. Hence the complaint is without ground.” 4. On the basis of the above reasoning we do not find any error entitling us to review the decisions. The issue on failure to take into account the wards in the constituency alone does not negate the object of diversity without any further evidence. 5. The petition is dismissed with no order as to costs. DATED and DELIVERED at NAIROBI this 12th July 2013. MUMBI NGUGI JUDGE D.S. MAJANJA JUDGE W. K. KORIR JUDGE
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