[2022] KEPPDT 1023 (KLR)
The Tribunal found that the applicant was issued a valid Nomination Certificate by the Progressive Party of Kenya, and there was no evidence to the contrary. The respondent failed to submit the applicant's name to the IEBC as required, and did not contest the complaint. The Tribunal held that the party is bound by...
Source-derived case information.
- Citation
- [2022] KEPPDT 1023 (KLR)
- Parties
- Applicant: Bob Omwenga Okiya; Respondent: Progressive Party of Kenya; Respondent: Independent Electoral and Boundaries Commission (IEBC)
- Court
- Political Parties Disputes Tribunal
- Jurisdiction
- Kenya
- Case Number
- Complaint E010 (KK) of 2022
- Procedural Posture
- Complaint / Judgment
- Outcome
- complaint allowed
- Judges
- ML Odongo, T K Tororey, L Wambui
- Legal Topics
- Party Nominations, Nomination Certificates, Candidate Selection, Electoral Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bob Omwenga Okiya
Applicant
Progressive Party of Kenya
Respondent
Independent Electoral and Boundaries Commission (IEBC)
Respondent
Procedural Posture
Complaint / Judgment
Legal Issues
- 1 Whether the complaint by the applicant regarding non-submission of his name as nominee is justified.
- 2 What orders should be issued in light of the findings.
Ratio Decidendi
The Tribunal found that the applicant was issued a valid Nomination Certificate by the Progressive Party of Kenya, and there was no evidence to the contrary. The respondent failed to submit the applicant's name to the IEBC as required, and did not contest the complaint. The Tribunal held that the party is bound by its own nomination and must forward the applicant's name to the IEBC for gazettement as the nominee for Member of County Assembly, Luanda South Ward. The Tribunal ordered PPOK to forthwith forward the applicant's name to the IEBC and directed notification of this order to the IEBC.
Court Disposition
complaint allowed
Orders
- The Progressive Party of Kenya (PPOK) is ordered to forthwith forward the name of Bob Omwenga Okiya to the Independent Electoral and Boundaries Commission for gazettement as their nominee candidate for Member of County Assembly, Luanda South Ward, Vihiga County in the August 2022 general election.
- Notification of this order shall issue to the Independent Electoral and Boundaries Commission.
Full Case Text
Judgment text and source record
29 paragraphs
Okiya v Progressive Party of Kenya; Independent Electoral and Boundaries Commission (IEBC) (Interested Party) (Complaint E010 (KK) of 2022) [2022] KEPPDT 1023 (KLR) (Civ) (19 May 2022) (Judgment)
Neutral citation: [2022] KEPPDT 1023 (KLR)
Republic of Kenya
In the Political Parties Disputes Tribunal
Civil
Complaint E010 (KK) of 2022
ML Odongo, Presiding Member, T K Tororey & L Wambui, Members
May 19, 2022
Between
Bob Omwenga Okiya
Complainant
and
Progressive Party of Kenya
Respondent
and
Independent Electoral and Boundaries Commission (IEBC)
Interested Party
Judgment
Summary Background to the Complainant’s Case 1. The Complainant submits that he was a given life membership by the Respondent, the Progressive Party of Kenya (PPOK) on 10 February, 2022 and a direct Nomination Certificate dated 10 February, 2022.
2. He avers that he and PPOK agreed that he will be given a direct Nomination Certificate to vie for Member of County Assembly for Luanda South Ward, in Vihiga County, because of his long history of support to the peoples cause and upon payment of Kshs 5,000, which payment he duly made.
3. He states that the Respondent has not submitted his name to the Interested Party despite him having been granted the direction Nomination Certificate.
4. On 25 March, 2022, the Complainant avers that he became aware that the Respondent intended to present a different candidate for the position in issue.
5. He says that he followed up the matter at the PPOK headquarters in Nairobi, but he was not successful. He was then directed to go to the IEBC offices where the Complainant confirmed that his name was not on the list.
6. The Complainant prays that this Tribunal order the Respondent to submit his name to the Interested Party as the nominee to vie for the Luanda South Ward under PPOK party in the upcoming August 2022 general elections.
Issue for Determination 7. The matter being undefended we have noted the following issues for determination:a.Is this complaint justified?b.What orders should issue?
9. The Complainant has in his possession a Nomination Certificate number 016/2022, dated 10 February, 2022, to vie for Luanda South Ward, issued by the Respondent.
10. He has also submitted that he tried to resolve the matter by visiting the offices of the Respondent and the offices of the Interested Party, where he confirmed that his name was missing from the list of nominees forwarded by the Respondent to the Interested Party.
Disposition 11. In light of our analysis, we order as follows.A.That the Respondent herein Progressive Party of Kenya, [PPOK] forthwith forward the name of the Complainant Bob Omwenga Okiya to the Independent Electoral and Boundaries Commission for gazettement as their nominee candidate for the position of Member of County Assembly Luanda South Ward, in Vihiga County in the August 2022 general election.B.That notification of this order issue to the Independent Electoral and Boundaries Commission.
DATED THIS 19TH DAY OF MAY 2022M. L. ODONGO (PRESIDING MEMBER)TOROREY TIMOTHY KIPCHIRCHIR (MEMBER)DR. LYDIAH WAMBUI (MEMBER)