PAUL KIBUGI MUITE, REGINA MUNG'ARA & JAMES WAKABA (SUING AS A CHAIRMAN, SECRETARY & TREASURER OF SAFINA POLITICAL PARTY) V. ELECTORAL COMMISSION OF KENYA, ORANGE DEMOCRATIC MOVEMENT OF KENYA & ATTORNEY GENERAL

RULING OF THE COURT

The applicants, Paul Kibugi Muite, Regina Mung’ara and James Wakaba, are the Chairman, Secretary and Treasurer respectively, of a political party known as Safina. They were also the applicants in an application for leave to apply for judicial review before the superior court, to wit Miscellaneous application No. 14 of 2008. In that application, as also in this one the Electoral Commission of Kenya, the Orange Democratic Movement of Kenya and the Attorney General are named as respondents.

In their application to the superior court, the applicants were seeking the leave of that court to apply for, among other things, an order of prohibition prohibiting the respondents from allocating to any other political party other than Safina the right or entitlement to nominate a member of parliament, and also leave to apply for an order of mandamus compelling the respondents to allocate the Safina political party a slot to nominate a member of parliament in accordance with the 19…