[2017] KEPPDT 16 (KLR)
The Tribunal found that the claimant failed to demonstrate any special interest that would justify her inclusion in the party nomination list. The purpose of party lists is to ensure representation of special interests, not to reward party loyalty or contributions. The nomination list for Laikipia County was found...
Source-derived case information.
- Citation
- [2017] KEPPDT 16 (KLR)
- Parties
- Applicant: Charity Wairimu Kochale; Respondent: Jubilee Party
- Court
- Political Parties Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Complaint 372 of 2017
- Procedural Posture
- Complaint / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Party Nominations, Special Interest Representation, Electoral Commission Lists
- 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
Charity Wairimu Kochale
Applicant
Jubilee Party
Respondent
Procedural Posture
Complaint / Judgment
Legal Issues
- 1 Whether the omission of the claimant's name from the party nomination list was unlawful or unjustified.
- 2 Whether the claimant demonstrated representation of a special interest as required for inclusion in the party list.
Ratio Decidendi
The Tribunal found that the claimant failed to demonstrate any special interest that would justify her inclusion in the party nomination list. The purpose of party lists is to ensure representation of special interests, not to reward party loyalty or contributions. The nomination list for Laikipia County was found to be compliant with the legal requirements regarding the number of nominees and gender alternation. Consequently, the omission of the claimant's name was not unlawful or unjustified, and the claim lacked merit.
Court Disposition
claim dismissed
Orders
- The claim is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI
COMPLAINT NO. 372 OF 2017
CHARITY WAIRIMU KOCHALE................................COMPLAINANT
VERSUS
JUBILEE PARTY..……………………………………….RESPONDENT
JUDGMENT
Introduction
1. The Claimant hails from Nanyuki Ward in Laikipia County. Her contribution to the party is immense. She was recommended for nomination by the party Woman Representative nominee for Laikipia County. Her name has been omitted from the list published by the Independent Electoral and Boundaries Commission. We have reviewed the nomination list for Laikipia County. It contains the required number of nominees and alternates between male and female candidates.
2. The party lists are meant to cater for the weakest of the weak who cannot otherwise have their voices heard in the mainstream majoritarian political process within the County. These lists are not meant to reward or retain the loyalty of party members. Every entry on the list must be representative of an ascertained or ascertainable special interest. The Claimant did not tell the Tribunal what special interest she represents as to justify her inclusion in the list.
3. There is no merit in the claim. It is dismissed with no order as to costs to facilitate party unity.
Dated at Nairobi this 31st day of July 2017
Kyalo Mbobu (Chairperson) ……………………………..
James Atema (Member)………………………………
Hassan Abdi (Member)………………………………
Dr. Adelaide Mbithi ………………………………