[2022] KEPPDT 936 (KLR)
The Tribunal found that the applicant had made an attempt to resolve the dispute internally by writing to the party's National Elections Board, satisfying the jurisdictional requirement under section 40(2) of the Political Parties Act. The Tribunal further found that the applicant, being a person with disability and...
Source-derived case information.
- Citation
- [2022] KEPPDT 936 (KLR)
- Parties
- Applicant: Nicholas Chavasu Dimbuson; Respondent: Amani National Congress Party; Interested Party: Independent Electoral and Boundaries Commission
- Court
- Political Parties Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Complaint E007 (MSA) of 2022
- Procedural Posture
- Complaint / Judgment
- Outcome
- Complaint allowed.
- Judges
- M Lwanga O, T K Tororey, L Wambui, D. Kagacha
- Legal Topics
- Party List Nominations, Persons With Disabilities, Internal Party Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Chavasu Dimbuson
Applicant
Amani National Congress Party
Respondent
Independent Electoral and Boundaries Commission
Interested Party
Procedural Posture
Complaint / Judgment
Legal Issues
- 1 Is the Tribunal properly seized of jurisdiction in light of section 40(2) of the Political Parties Act requiring exhaustion of internal party dispute resolution mechanisms?
- 2 Is the complaint by the applicant justified under the Elections (Party Primaries and Party Lists) Regulations, 2017?
- 3 What orders should issue in the circumstances?
Ratio Decidendi
The Tribunal found that the applicant had made an attempt to resolve the dispute internally by writing to the party's National Elections Board, satisfying the jurisdictional requirement under section 40(2) of the Political Parties Act. The Tribunal further found that the applicant, being a person with disability and having provided evidence of his status, was entitled to be included in the party list under the PWD category as required by the Elections (Party Primaries and Party Lists) Regulations, 2017. The respondent's failure to respond or controvert the applicant's evidence led the Tribunal to find the complaint justified. The Tribunal ordered the respondent to include the applicant's...
Court Disposition
Complaint allowed.
Orders
- The respondent, Amani National Congress Party, shall include the name of Nicholas Chavasu Dimbuson in the 2022 general elections party nominations list for Lamu County Assembly under the PWDs category.
- Notification of this decision shall issue to the Independent Electoral and Boundaries Commission.
Full Case Text
Judgment text and source record
35 paragraphs
Dimbuson v Amani National Congress Party; Independent Electoral and Boundaries Commission (Interested Party) (Complaint E007 (MSA) of 2022) [2022] KEPPDT 936 (KLR) (Civ) (6 August 2022) (Judgment)
Neutral citation: [2022] KEPPDT 936 (KLR)
Republic of Kenya
In the Political Parties Disputes Tribunal
Civil
Complaint E007 (MSA) of 2022
M Lwanga O, Presiding Member, T K Tororey, L Wambui & D. Kagacha, Members
August 6, 2022
Between
Nicholas Chavasu Dimbuson
Complainant
and
Amani National Congress Party
Respondent
and
Independent Electoral And Boundaries Commission
Interested Party
Judgment
1. The complaint herein seeks the following order: -a.That the Complainant be reinstated into the Respondent party nomination list under the PWD [persons with disabilities] category in Lamu County Assembly.b.Costs.
2. The Complainant raised his complaint with the Respondent to no avail. He was thus left with no option other than to come before this Tribunal for legal redress.
3. The Respondent though served, as averred by the Complainant, did not respond.
The Complainants Case 4. The Complainant submits that he is a person living with disability as defined by law and a member of the Respondent.
5. He applied for consideration for nomination into the party list and was informed, as agreed at a meeting of the PWDs League of the party, that he had qualified.
6. Upon perusal of the party nominations list published in the local daily by the Interested Party he did not see his name.
7. His attempts to seek clarification from the party have been futile.
Issues for determination 8)This being an undefended case the only issues we will address are:a.Is this Tribunal properly seized of jurisdiction?b.Is complaint justified?c.What orders should issue?
Our Analysis Whether PPDT has jurisdiction 9. We have seen, attached to the complaint bundle, a letter addressed to the Chairman of the Respondents NEB [national elections board] raising his complaint with the party.
10. The current wording of section 40 (2) PPA states as follows: (2) Notwithstanding subsection (1), the Tribunal shall not hear or determine a dispute under paragraphs (a), (b), (c) or (e) unless a party to the dispute adduces evidence of an attempt to subject to the internal political party dispute resolution mechanisms. Emphasis ours.
11. The information before us, amounts to an attempt to resolve the matter internally as anticipated in the law as cited above. The dispute is thus properly before us.
Is the complaint justified? 12. The Elections (Party Primaries and Party Lists) Regulations, 2017, Submission Of Party List guides party list nominations.
13. In guiding our thinking, we have considered the said relevant law [Regulations], as reproduced below, as it provides in respect of the county assembly party nomination list is as follows:County Assembly (Marginalized Group) Party ListThe following nomination procedures shall apply to political parties in the preparation of Party List for nomination of County Assembly (Marginalized Group) Party List:i.The County Assembly (marginalized groups) Party List must have 8 names of qualified marginalized group nominees.ii.The nominees to the Party List must have similar qualifications as those required for candidates contesting for elections as members of the County Assembly.iii.In order to meet the gender requirement, the order of the nominees in the Party List shall alternate between women and men candidates.iv.Among all the 8 nominees, there shall be at least two youth, two persons with disabilities and two persons representing marginalized groups. One nominee cannot represent more than one special interest. Emphasis ours
14. The complaint is not controverted. And we have seen, attached to the complaint bundle, a disability identification badge for the Complainant.
15. We thus find that the complaint is justified.
Disposition 16. In light of our analysis, we order as follows.a.That the Respondent herein, Amani National Congress [ANC] Party include the name of the Complainant herein, Nicholas Chavasu Dimbuson in the 2022 general elections party nominations list for Amani National Congress Lamu County Assembly party nominations list under the PWDs [persons with disabilities] category.b.That notification of this decision issue to the Independent Electoral and Boundaries Commission.c.That the costs of this complaint are awarded to the Complainant as against the Amani National Congress Party.
DATED THE 6TH DAY OF AUGUST 2022M. LWANGA. O (PRESIDING MEMBER)TOROREY TIMOTHY KIPCHIRCHIR (MEMBER)DR. LYDIAH WAMBUI (MEMBER)DANIEL KAGACHA (MEMBER)