Supreme Court throws out Narc Kenya’s suit against IEBC over County Assembly nominations » Capital News

NAIROBI, Kenya, Feb 18- The Supreme Court has dismissed Narc Kenya Party’s case against the Independent Electoral and Boundaries Commission (IEBC) over the County Assembly nominations, saying the appeal is incompetent and the Court has no jurisdiction over it.

In its ruling, the apex Court stated that the petition was an election one and not a constitutional petition whose challenge of the process could only be commenced in the election court, under Section 75 (1A) of the Elections Act.

“ The true character of NARC Kenya’s cause, despite being disguised as a constitutional petition, was in fact an election petition, questioning the validity of nomination members of the County Assemblies who had been gazetted; that having been nominated, gazetted and assumed office, a challenge of the process could only be commenced in the election court, under Section 75 (1A) of the Elections Act,” the Court stated.

“Upon consideration, the Supreme Court has dismissed the appeal by NARC Kenya for the reasons that: The appeal is incompetent, and the Court has no jurisdiction to entertain it.”

The Court however, awarded costs to the electoral commission and Tharaka Nithi County Assembly which was the 1st interested party.

The Martha Karua led Party had sued the IEBC over nomination of members of the County Assembly in fulfillment of the Gender top up rule where it expected that its candidates would have been nominated in Tharaka-Nithi, Mandera, Garissa, Embu, Meru and Nairobi counties but that was not the case after the 2017 general elections.

The party had also argued that the IEBC adopted a policy and criteria for gender top-up list that discriminated it and favored certain political parties.