[2017] KECA 462 (KLR)
The Court of Appeal held that the appellant's claim was properly dismissed by the High Court because he failed to exhaust the internal dispute resolution mechanisms of the 1st respondent party before approaching the Political Parties Disputes Tribunal. The doctrine of exhaustion requires that all internal remedies...
Source-derived case information.
- Citation
- [2017] KECA 462 (KLR)
- Parties
- Applicant: Gabriel Bukachi Chapia; Respondent: Orange Democratic Movement; Respondent: Edwin Sifuna
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 168 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- RN Nambuye, DK Musinga
- Legal Topics
- Party Nominations, Internal Dispute Resolution, Nomination Certificate Validity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Bukachi Chapia
Applicant
Orange Democratic Movement
Respondent
Edwin Sifuna
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was validly nominated as the candidate for Senator, Nairobi County by the 1st respondent.
- 2 Whether the dispute was prematurely brought before the Political Parties Disputes Tribunal without exhausting internal party dispute resolution mechanisms.
- 3 Whether the High Court erred in dismissing the appellant's appeal.
Ratio Decidendi
The Court of Appeal held that the appellant's claim was properly dismissed by the High Court because he failed to exhaust the internal dispute resolution mechanisms of the 1st respondent party before approaching the Political Parties Disputes Tribunal. The doctrine of exhaustion requires that all internal remedies provided by the party constitution or rules be utilized before seeking external adjudication. The court found no merit in the appeal and upheld the decisions of the lower courts, emphasizing that the appellant's failure to follow the prescribed process rendered his claim premature.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Each party shall bear their own costs of the appeal.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, MUSINGA & GATEMBU, JJA)
CIVIL APPEAL NO. 168 OF 2017
BETWEEN
GABRIEL BUKACHI CHAPIA.....................................APPLICANT
AND
ORANGE DEMOCRATIC MOVEMENT...........1ST RESPONDENT
EDWIN SIFUNA................................................2ND RESPONDENT
(Being an Appeal against the Judgment of the High Court of Kenya at Nairobi (Ong’undi, J) on 26th May, 2017 inNAIROBI H. C. ELECTION PETITION APPEAL NO. 64 OF 2017)
*************************************************
JUDGMENT OF THE COURT
1. This is an appeal from the judgment of the High Court (H. Ongudi, J) delivered on 26th May 2017 rejecting the appellant’s appeal from a decision of the Political Parties Disputes Tribunal (PPDT).
2. In his complaint presented before the PPDT on 12th May 2017, the appellant contended that he was the unopposed contender for nomination by the 1st respondent as a candidate for the position of Senator, Nairobi County,
3. During the forthcoming general elections scheduled for 8th August 2017. In that regard, he asserted that he holds a valid nomination certificate issued by the 1st respondent. He complained that despite holding a valid nomination certificate, the 1st respondent purported to substitute his nomination and to proclaim the 2nd respondent as its nominee as the candidate for the position of Senator, Nairobi County.
4. In its judgment delivered on 16th May 2017, PPDT held that the appellant’s claim was premature in that the “dispute was never brought subjected (sic) to any kind of internal dispute resolution mechanism…to give the party a good faith chance to resolve it in the firstinstance” and ordered that “the dispute between the[appellant]and the 2nd respondent over the position of Member of the Senate, Nairobi County is referred back to the 1st respondent’s National Elections Board to nominate its Senator candidate in Nairobi County.”
5. Dissatisfied, the appellant appealed to the High Court, which dismissed his appeal in its judgment given on 26th May 2017 that is the subject of this appeal.
6. Having considered the appeal and the submissions by learned counsel, we are not satisfied, for reasons to be given by the Court on 28th July 2017, that the appeal has any merit. It is hereby dismissed. Each party shall bear their own costs of the appeal.
Dated and delivered at Nairobi this 23rd day of June, 2017.
R. N. NAMBUYE
…………………
JUDGE OF APPEAL
D. K. MUSINGA
…………………
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
…………………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR