[2017] KEHC 4654 (KLR)

[2017] KEHC 4654 (KLR)

The court found that the Orange Democratic Movement County Appeals Tribunal had issued a valid order nullifying the 3rd Respondent's nomination and directing a repeat nomination due to irregularities and a hostile environment during the initial process. The party failed to comply with this order and provided no justification for non-compliance. The court held that party tribunals are established for internal dispute resolution and their decisions are binding unless set aside. The court therefore enforced the Tribunal's orders, directed the party to conduct a repeat nomination within 48 hours, and restrained the party from submitting any nominee's name to the IEBC pending compliance. The...

Citation
[2017] KEHC 4654 (KLR)
Parties
Applicant: Moses Wanjala Aineah; Respondent: The Returning Officer ODM Endebes Constituency; Respondent: Orange Democratic Movement; Respondent: Peter Wekesa; Respondent: Independent Electoral Boundaries Commission
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 May 2017
Case Number
Election Appeal 19 of 2017
Procedural Posture
Election Petitions / Ruling on Application for Enforcement of Party Tribunal Orders and Injunctive Relief
Outcome
application allowed
Judges
SN Riechi
Legal Topics
Party Nominations, Internal Dispute Resolution, Enforcement of Tribunal Orders, Injunctive Relief
Source Language
English
Election Petitions Administrative Law Party Nominations Internal Dispute Resolution Enforcement of Tribunal Orders Injunctive Relief

Case Brief

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Parties

Moses Wanjala Aineah

Applicant

The Returning Officer ODM Endebes Constituency

Respondent

Orange Democratic Movement

Respondent

Peter Wekesa

Respondent

Independent Electoral Boundaries Commission

Respondent

Procedural Posture

Election Petitions / Ruling on Application for Enforcement of Party Tribunal Orders and Injunctive Relief

Legal Issues

  1. 1 Whether the Orange Democratic Movement was bound to comply with the County Appeals Tribunal order nullifying the 3rd Respondent's nomination and directing a repeat nomination.
  2. 2 Whether the court should enforce the Tribunal's orders and restrain the party and IEBC from submitting or accepting the 3rd Respondent's name.
  3. 3 Whether the Applicant is entitled to injunctive relief pending compliance with the Tribunal's decision.

Ratio Decidendi

The court found that the Orange Democratic Movement County Appeals Tribunal had issued a valid order nullifying the 3rd Respondent's nomination and directing a repeat nomination due to irregularities and a hostile environment during the initial process. The party failed to comply with this order and provided no justification for non-compliance. The court held that party tribunals are established for internal dispute resolution and their decisions are binding unless set aside. The court therefore enforced the Tribunal's orders, directed the party to conduct a repeat nomination within 48 hours, and restrained the party from submitting any nominee's name to the IEBC pending compliance. The...

Court Disposition

application allowed

Orders

  • The Orange Democratic Movement Party shall comply with the orders of the County Appeals Tribunal dated 21st April, 2017.
  • The Orange Democratic Movement National Elections Board shall conduct a repeat nomination for Member of Parliament for Endebes Constituency within 48 hours in accordance with the party’s Constitution and Nomination Rules.