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Citation
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Judgment date
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| May 2016 |
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Respondent's reversal of petitioner's nomination was void for disobeying a court order and breaching fair hearing rights.
Election law – nomination reversal – compliance with court orders – contempt – natural justice – right to fair hearing (Articles 28(1), 42, 44(c)) – nullity and set-aside.
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11 May 2016 |
| April 2016 |
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20 April 2016 |
| March 2016 |
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Effective approval date of resignation and Local Government Act's 30‑day rule determine local election nomination eligibility.
Public Service Standing Orders – effective date of resignation is the approval date; Local Government Act s.116(5) – 30‑day resignation requirement for public officers seeking local council office; Parliamentary Elections Act 90‑day rule inapplicable to local government nominations; Judicial review of Electoral Commission nomination decision.
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1 March 2016 |
| February 2016 |
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Returning officers may refuse nomination where a candidate fails to prove certified qualifications; uncertified diplomas are insufficient.
Electoral law – nomination requirements for LCV chairperson; returning officer’s power to refuse nomination; burden of proof on candidate to prove qualifications; requirement for certification by NCHE/UNEB; procedural compliance – payment of statutory filing fees and court’s discretion to relieve in exceptional circumstances.
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1 February 2016 |
| January 2016 |
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Independent candidates lack locus to challenge party primaries; failure to exhaust party remedies and mootness bar relief.
Electoral law – Locus standi – Party member who stands as independent ceases membership and cannot challenge party primaries. Electoral law – Mootness – Completed nominations render applications for fresh primaries academic. Internal remedies – Requirement to exhaust party dispute mechanisms (National Election Tribunal) before litigation. Civil procedure – Pleadings and evidence – omission from petition may be waived; absence of supporting evidence leads to dismissal.
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13 January 2016 |
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Whether leave to appeal a contempt ruling is permissible where compliance was allegedly impossible due to absent Parish Tribunals.
Election law – leave to appeal – applicability of election petition rules (7-day notice) versus Judicature (Court of Appeal) Rules (14-day leave) and Order 44 CPR. Contempt – failure to conduct court-ordered elections – defence of impossibility where Parish Tribunals were not appointed by Judiciary. Civil procedure – preliminary objections of time-bar and res judicata – dismissal where arguable grounds for appeal exist.
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8 January 2016 |