•The party had said IEBC adopted a policy and criteria for gender top-up list that discriminated against them and favoured certain political parties.
•However, the Supreme Court said it had no jurisdiction to hear the appeal and the matter was an election petition, not a constitutional case.
Supreme Court has dismissed an appeal filed by Narc Kenya challenging a decision by IEBC not to nominate their members as MCAs after the 2017 elections.
Narc Kenya had said it expected its candidates would be nominated in Tharaka-Nithi, Mandera, Garissa, Embu, Meru and Nairobi counties but they were not.
The party had said IEBC adopted a policy and criteria for gender top-up list that discriminated against them and favoured certain political parties.
However, the Supreme Court said it had no jurisdiction to hear the appeal and the matter was an election petition, not a constitutional case.
“This questioned the validity of nomination members of the county assemblies who had been gazetted, that such a challenge could only be commenced in the election court,” the court said.
Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko said having been nominated, gazetted and assumed office, a challenge of the process could only be commenced in the election court.
The court ruled it felt the cause was instituted more solely to avoid the necessity of applying in the normal way to the election court for the appropriate remedy under the Elections Act.
The apex court has slapped the party with costs which it will pay to the IEBC and Tharaka Nithi county assembly.
The court said considering the clear cause of action and the reliefs in the amended Petition, there were no two pathways for the party.
It said, Narc Kenya chose a pathway that could only and inevitably lead it, as it has, to a dead-end.
Edited by Kiilu Damaris