JALDESA TUKE DABELO V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & ANOTHER

JUDGMENT OF THE COURT

The instant appeal raises a fundamental legal question: that is, whether an application for judicial review orders is an alternative procedure to be followed to unseat a gazetted Member of a County Assembly.

By a Chamber Summons application dated 5^th September 2013, the appellant lodged a judicial review application before the High Court seeking an order of certiorari to bring up and quash the decision of the Independent Electoral and Boundaries Commission (IEBC) dated 16^th August, 2013 which placed the 2^nd respondent, Hassan Guyo Shano, as the nominee for marginalized persons to Isiolo County Assembly. The grounds in support of the application were, that the decision of the 1^st respondent dated 16^th August, 2013 was unreasonable, unfair and without basis; the 1^st respondent did not consider the complaint and evidence tendered by the appellant before gazetting the 2^nd respondent as the nominee for marginalized persons and as a Member of the Isiolo County Assembly; …