[2017] KEPPDT 35 (KLR)
The Tribunal found that the respondent failed to comply with the IDRM's ruling, which required either a repeat nomination or the issuance of a final nomination certificate to the claimant. As there was no evidence of a repeat nomination, and the respondent did not oppose the claim, the Tribunal held that the...
Source-derived case information.
- Citation
- [2017] KEPPDT 35 (KLR)
- Parties
- Applicant: Boaz Abwao Kivanda; Respondent: Orange Democratic Movement Party
- Court
- Political Parties Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Complaint 273 of 2017
- Procedural Posture
- Complaint / Judgment
- Outcome
- claim allowed
- Legal Topics
- Party Nominations, Internal Dispute Resolution, Nomination Certificates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Boaz Abwao Kivanda
Applicant
Orange Democratic Movement Party
Respondent
Procedural Posture
Complaint / Judgment
Legal Issues
- 1 Whether the respondent should issue a final nomination certificate to the claimant for Member of County Assembly East Kanyamakango Ward.
- 2 Whether the respondent complied with the ruling of the Orange Democratic Movement Party Migori County Elections Appeal Tribunal.
Ratio Decidendi
The Tribunal found that the respondent failed to comply with the IDRM's ruling, which required either a repeat nomination or the issuance of a final nomination certificate to the claimant. As there was no evidence of a repeat nomination, and the respondent did not oppose the claim, the Tribunal held that the claimant was entitled to the final nomination certificate for Member of County Assembly East Kanyamakango Ward. The Tribunal emphasized the binding nature of internal party dispute resolutions and the necessity for political parties to adhere to their own dispute resolution outcomes, especially where no contrary evidence or opposition is presented.
Court Disposition
claim allowed
Orders
- The respondent is directed to issue the final nomination certificate for Member of County Assembly East Kanyamakango Ward to the claimant in accordance with the IDRM ruling dated 29th April 2017.
- Notification to issue to the Independent Electoral and Boundaries Commission.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI
COMPLAINT NO. 273 OF 2017
BOAZ ABWAO KIVANDA.............................................CLAIMANT/APPLICANT
VERSUS
ORANGE DEMOCRATIC MOVEMENT PARTY......................... RESPONDENT
JUDGMENT
Complaint
1. The claimant, in his Complaint dated I6th May 2017 avers that his concerns with the party nomination process lodged with the party organs for resolution were determined. He further states that the Respondent has however refused to obey the Orange Democratic Movement Party Migori County Elections Appeal Tribunal’s (IDRM) ruling in Appeal No. 19 of 2017 dated 29th April 2017.
2. He approached this Tribunal under certificate of urgency having filed his amended Notice of Motion and amended Verifying Affidavit both dated 22nd May 2017 and the statement of claim dated 16 May 2017. He seeks to compel the Respondent to obey the ruling of the IDRM dated 29th April 2017 and issue him a final nomination certificate as the Respondent’s candidate for the General Elections 2017 for the Respondent’s East Kanyamakango Ward. Further, he seeks that the Respondent be restrained from issuing this said certificate to any other person other than the complainant. He also seeks that in the event that the respondent has issued the final nomination certificate to any other aspirant, the same be recalled. The claim is unopposed.
Issue for determination
3. The issue that emerges for determination is whether the Respondent ought to issue a final nomination certificate to complainant in respect of the position forMember of County Assembly(MCA) East Kanyamakango Ward.
Analysis and determination
4. The Claimant has in support of his claim, placed on record, the IDRM decision dated 29th April, 2017. In the said IDRM appeal, which was unopposed, the claimant sought orders restraining the respondent from issuing one Rueben Keya with a final nomination certificate as the respondent’s nominee for the post of MCA East Kanyamkago Ward. His objection to such issuance was based on his claim that if the process had been free and fair, he would have emerged winner with a landslide victory.
5. The IDRM was satisfied that he had proven his claim. It recommended that the interim certificate issued to Rueben Keya be cancelled and a final nomination certificate be issued to the claimant or in the alternative, a repeat nomination be done in Arambe, Mayatta and Ndhim Jope polling stations.
6. The claimant avers that to the best of his knowledge, a repeat nomination, as directed through the IDRM, has not been done, which in essence means that the final nomination certificate ought to be issued to him.
7. There is no evidence on record to show that a repeat nomination was conducted in the designated polling stations stated in the IDRM ruling. The evidence presented by the Claimant indicates that he had duly satisfied the relevant party organ that he was the more popular candidate. To this end, we are satisfied that a final nomination certificate should be issued to the claimant. As such, this Claim succeeds.
Orders
8. We make the following orders:
a. The Respondent is hereby directed to issue the final nomination certificate for Member of County Assembly East Kanyamakango Ward to the claimant in accordance with the ruling of the Orange Democratic Movement Party Migori County Elections Appeal Tribunal dated 29th April 2017.
b. Notification to issue to the Independent Electoral and Boundaries Commission.
c. No orders as to costs.
DATED AT NAIROBI THIS 25th DAY OF MAY 2017
1. M. O. Lwanga ……..……….…………………………..(Presiding Member)
2. Paul Ngotho …………………….………….…….……(Member)
3. Dr. Adelaide Mbithi ………….………….……………(Member)