[2017] KECA 492 (KLR)
The Court of Appeal found no merit in the appellant's challenge to the High Court's decision. The court held that the Political Parties Disputes Tribunal and the High Court properly exercised their jurisdiction in declining to nullify the nomination certificate issued to the 1st respondent. The court emphasized that...
Source-derived case information.
- Citation
- [2017] KECA 492 (KLR)
- Parties
- Appellant: Aswin Faud Rudainy; Respondent: Kazungu Wanje Baya; Respondent: Jubilee Party; Respondent: Independent Electoral and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 159 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- RN Nambuye, SP Ouko
- Legal Topics
- Party Nominations, Internal Party Disputes, Election Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aswin Faud Rudainy
Appellant
Kazungu Wanje Baya
Respondent
Jubilee Party
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in upholding the Political Parties Disputes Tribunal's refusal to nullify the nomination certificate issued to the 1st respondent.
- 2 Whether the Jubilee National Appeals Tribunal's decision excluding results from one polling station was binding on the 2nd respondent and the PPDT.
- 3 Whether the nomination process was conducted in accordance with party rules and electoral law.
Ratio Decidendi
The Court of Appeal found no merit in the appellant's challenge to the High Court's decision. The court held that the Political Parties Disputes Tribunal and the High Court properly exercised their jurisdiction in declining to nullify the nomination certificate issued to the 1st respondent. The court emphasized that internal party disputes and decisions of party tribunals are subject to statutory review, but judicial intervention is only warranted where there is a clear breach of law or party rules resulting in injustice. In this case, the appellant failed to demonstrate such a breach or any procedural irregularity that would justify the court's interference. The appeal was therefore...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Each party to bear its own costs of the appeal.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, OUKO & GATEMBU, JJA)
CIVIL APPEAL NO. 159 OF 2017
BETWEEN
ASWIM FAUD RUDAINY............................................APPELLANT
AND
KAZUNGU WANJE BAYA………………..…..1STRESPONDENT
JUBILEE PARTY…………………………..…..2NDRESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION…….……...….3RDRESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Nairobi (Riech, J.) dated 28thMay, 2017
in
Election Petition Appeal No. 69 of 2017)
****************
JUDGMENT OF THE COURT
1. Aswin Faud Rudainy, the appellant, and Kazungu Wanje Baya, the 1st respondent were contestants for nomination by Jubilee Party, the 2nd respondent for the position of Member of County Assembly Shella Ward, Malindi Constituency, Kilifi County in a nomination exercise held on 26th April 2017.
2. A dispute arose over the manner in which those nominations were conducted. The Jubilee National Appeals Tribunal dealt with the dispute in what is said to have been ex parte proceedings and ordered that results of one polling station be excluded from the final tally of votes cast on the basis that that polling station was arbitrarily and abruptly been moved to a different location. The effect of the decision by Jubilee National Appeals Tribunal being that the appellant emerged as the 2nd respondent’s nominee for the position of Member of County Assembly Shella Ward, Malindi Constituency, Kilifi County.
3. With a view to enforcing that decision, the appellant made an application before the Political Parties Disputes Tribunal (PPDT) to nullify a nomination certificate that had apparently been issued by the 2nd respondent to the 1st respondent in respect of the position of Member of County Assembly Shella Ward. In a judgment delivered on the 19th May 2017, the Political Parties Disputes Tribunal (PPDT) declined to do so and dismissed the appellant’s application.
4. Aggrieved, the appellant appealed to the High Court. In its judgment delivered on the 28th May 2017, the High Court at Nairobi (Riechi, J) did not find merit in the appeal and dismissed the same.
5. The appellant then lodged the present appeal challenging the decision of the High Court. At the hearing of the appeal before us, the parties were represented by Mr. Akusala and Mr. Saluny for the appellant, Mr. Washe for the 1st respondent, Mr. Omugunda for the 2nd respondent and Mr. Lawi for the 3rd respondent.
6. Having considered the appeal and the submissions filed by the parties herein and highlighted by their respective counsel together with the authorities relied on, we are not persuaded, for reasons to be given by the Court on 21st July 2017, that the appeal has any merit. We accordingly dismiss the appeal. We order each party to bear its own costs of the appeal.
Dated and delivered at Nairobi this 16thday of June, 2017.
R. N. NAMBUYE
………………………
JUDGE OF APPEAL
W. OUKO
……………………….
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
........................................................
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR