Elijah Omondi v Orange Democratic Party & 4 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS MISC. ELECTION PETITION APPEAL NO. 26 OF 2017 ELIJAH OMONDI.............................................PLAINTIFF/APPLICANT AND ORANGE DEMOCRATIC PARTY.....1ST DEFENDANT/RESPONDENT JUDY PARENO.................................2ND DEFENDANT/RESPONDENT DR. BOB ARUNGA...........................3RD DEFENDANT/RESPONDENT ODIWUOR ONG’WEN......................4TH DEFENDANT/RESPONDENT DAVID ONYANGO ORAO.................5TH DEFENDANT/RESPONDENT AND INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION........................... INTERESTED PARTY RULING 1. The application seeks to enforce the orders of the Political Parties Disputes Tribunal (‘the Tribunal”) which were contained in the judgment delivered on 18 th May 2017. The orders and decree were said to have been served on the respondents who had wilfully failed to comply. 2. This is not an appeal from the decision of the Tribunal as envisaged under Section 41(2) of the Political Parties Act, No. 11 of 2011. 3. Under section 41(3) of the Act orders of the magistrates’ courts can be enforced. 4. Under section 10 of the Magistrates Courts Act No. 26 of 2015 the magistrates courts have powers to punish for contempt. 5. It follows that the Tribunal can enforce its own orders and punish anyone who is in contempt of such orders. 6. The result is that the applicant is in the wrong forum. This court lacks the jurisdiction to hear and

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