Marryann Nyaga Wanjiru v Independent Electoral Boundaries Commission & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI JUDICIAL REVIEW APPLICATION No. 3 Of 2017 MARRYANN NYAGA WANJIRU.............................................................APPLICANT VERSUS INDEPENDENT ELECTORAL BOUNDARIES COMMISSION....1st RESPONDENT JUBILEE PARTY.............................................................................2nd RESPONDENT CHRISTOPHER MARK MWANGI..............................................INTERESTED PARTY RULING 1. The applicant MARRYANN NYAGA WANJIKU by her application dated 4th September, 2017 sought leave to apply for orders of Certiorari to quash the decision of Independent Electoral and Boundaries Commission (I E B C) to gazette the list of nominated members of County Assembly of Laikipia. 2. By a notice dated 4th October 2017 the applicant withdrew the whole suit. 3. I E B C submitted before court, in the absence of the applicant, that it is entitled to costs. 4. It is an established principle of law that a successful party is entitled to costs. It is also a principle of law that costs follow the event. The court however always retains the discretion to award or not to award such costs. 5. The applicant filed the present action and when confronted with a Preliminary Objection of I E B C withdrew the case. Undoubtedly I E B C which incurred expenses filing the Preliminary Objection and preparing for hearing is in my view entitled to costs. There is no conduct of I E B C which would lead this court to find that it is unentitled to costs. Accordingly I order the applicant to pay the costs of this suit to I E B C which costs shall be determined through taxation. Dated and Delivered at Nanyuki this 14th December, 2017 MARY KASANGO

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