Tom Migiro Orenge v Orange Democratic Movement & another [2017] eklr

Similar documents
Edick Peter Omondi Anyanga v Orange Democratic Party of Kenya [2017] eklr REPUBLIC OF KENYA POLITICAL PARTIES DISPUTES TRIBUNAL

Robinson Otuke Nyougo v Jubilee Party & another [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

Samuel Kalii Kiminza v Jubilee Party & Another [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES TRIBUNAL AT NAIROBI COMPLAINT NO 279 OF 2017

Franklin Imbenzi v Orange Democratic Movement & another [2017] eklr REPUBLIC OF KENYA POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO.

Jared Gesairo Obwoka Onkoba v Kephas Ochieng Ondieki & 4 others [2017] eklr

John Ndirangu Kariuki v Jubilee Party National Appeals Tribunal & 2 others [2017] eklr

Joshua Wakahora Irungu v Jubilee Party & another [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO.

Catherine Manzi Kitheka v Dennis Nyamboga Mauti & another [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

Kipruto Chepsergon Chomboi v Kanu National Elections Board & another [2017] eklr REPUBLIC OF KENYA

candidates, in the nomination process of Member of Parliament for Ainabkoi Constituency for Jubilee Party held on 25 th April, 2012.

Tom Osimbo v Orange Democratic Movement-Kenya & 2 others [2017] eklr

REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI COMPLAINT NO. 237 OF 2017

Bob Micheni Njagi v Kakuta Ole Maimai & 2 Others [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO.

John Mruttu v Thomas Ludindi Mwadeghu & 2 others [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

Eric Kyalo Mutua v Wiper Democratic Movement & another [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

Rebecca Lowoiya v Orange Democratic Movement Party [2017] eklr

Jaffar A Kassam v Orange Democratic Movement Party & another [2017] eklr

Wilson Boit Kipketer v Philemon Koech & 2 Others [2016] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO.

Denis Wafula Okinda v Linus Ouma Asiba & 5 others [2017] eklr

Mohamed Abdi Werar v Kenya African National Union [2017] eklr

Joseph Ouma Ndonji v Kingsley Wellington Odida & 2 others [2017] eklr

Jackson Musyoka v Wiper Democratic Movement Kenya Neb & 2 others [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

Washington Omondi Oganga & another v Orange Democratic Movement & another [2017] eklr

Nyangweso Alfred Akunga & 4 Others v Jubilee Party of Kenya & 4 Others [2017] eklr REPUBLIC OF KENYA

Diana Lukosi v Kenya African National Union Party & 2 Others [2017] eklr

TITLE 8. ELECTIONS ARTICLE I GENERAL PROVISIONS

Mugambi Zachary v Kenya African National Union (KANU) [2017] eklr THE REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

I. Election Code Template

ISSUE NO: 01 REV: October 2015 October 2016

Alexender Khamasi Mulimi & 3 others v Amani National Congress [2017] eklr REPUBLIC OF KENYA IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

The Lincoln Party of America

APPLICATION FORM FOR NOMINATION OF A MEMBER OF THE NATIONAL ASSEMBLY

ELECTION COMMISSION OF BHUTAN

THE CONSTITUTION OF KENYA, 2010 (AMENDMENT) BILL, 2015

Student Bar Association Constitution

STUDENTS ASSOCIATION OF MACHAKOS UNIVERSITY (SAMU) CONSTITUTION 2018

Nova Scotia Liberal Party Electoral District Association Rules

REPUBLIC OF KENYA THE JUDICIARY REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA AT NAIROBI

QUALIFICATIONS AND REQUIREMENTS FOR NOMINATION OF CANDIDATES FOR THE DIFFERENT ELECTIVE POSITIONS

IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF GHANA ACCRA-AD 2016

PDU APPLICATION FORM FOR NOMINATION MEMBER OF COUNTY ASSEMBLY REPRESENTATIVE (M.C.A) PDU

Kenya Gazette Supplement No nd November, (Legislative Supplement No. 54)

RULES OF THE INDIANA REPUBLICAN STATE COMMITTEE

THE ELECTORAL LAWS ACT, 2002 ARRANGEMENT OF SECTIONS

INDEPENDENT NATIONAL ELECTORAL COMMISSION REGULATION FOR THE CONDUCT OF POLITICAL PARTY PRIMARIES

Kenya Gazette Supplement No 65 21st April, (Legislative Supplement No. 31)

REGULATION NO. 2001/2 ON THE ELECTION OF A CONSTITUENT ASSEMBLY TO PREPARE A CONSTITUTION FOR AN INDEPENDENT AND DEMOCRATIC EAST TIMOR

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Ali Hassan Abdirahman v Mahamud Muhumed Sirat & 2 others [2010] eklr REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI

Constitution and By-Laws of Twin Valley Soccer Club Inc.

KENYA GAZETTE SUPPLEMENT

CONSTITUTION OF THE CRITICAL CARE NURSES CHAPTER OF KENYA

BY-LAWS OF COPA ELECTORAL OBSERVATION MISSIONS

GUIDELINES FOR PRIMARIES

CONCILIATION RULES. - to conciliation in accordance with The Institute of Arbitrators & Mediators Australia Mediation and Concilliation Rules; or

ELECTIONS ACT NO. 24 OF 2011 LAWS OF KENYA

Kenedy Nyangewa & 3 others v Gusii Mwalimu Sacco Society Ltd & another [2017] eklr REPUBLIC OF KENYA

REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 4 OF 2017 BETWEEN AND

ELECTIONS ACT NO. 24 OF 2011 LAWS OF KENYA

BY LAWS MISSISSIPPI STATE COUNCIL KNIGHTS OF COLUMBUS ARTICLE I NAME AND JURISDICTION

Democracy Passport JAMAICA. A guide to active citizenry

PROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS

ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY

Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, Lusaka, Price K each.

ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF)

REGULATIONS ON REPRESENTATION OF THE STAFF OF THE UNITED NATIONS AT GENEVA*

WILFRID LAURIER UNIVERSITY STAFF ASSOCIATION CONSTITUTION

As Introduced. 132nd General Assembly Regular Session H. B. No

Johnson Maina Stephen & 26 others v Unity Housing Co-operative Society [2017] eklr REPUBLIC OF KENYA

REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 1 OF Between H.E RAILA AMOLO ODINGA... 1 ST PETITONER AND

Arbitration Act 1996

CHAPTER 02:10 REFERENDUM ARRANGEMENT OF SECTIONS

Applying International Election Standards. A Field Guide for Election Monitoring Groups

BLOUNT COUNTY DEMOCRATIC PARTY BYLAWS Adopted ARTICLE I. NAME AND PURPOSE

ARTICLE VIII ELECTION OF PARISH COUNCIL. Section 1:

Paradise Valley Community College Faculty Association Constitution Amended April 2008

THE INDIAN MEDICAL COUNCIL RULES, 1957(1)

The Constitution Of The Student Government Of The University of New Orleans As of April 11, 2012 Preamble

THE UNIVERSITY OF NAIROBI STUDENTS ASSOCIATION CONSTITUTION, 2017

PROVISIONS OF THE PRINCIPAL ACT COMMITTEE S RECOMMENDATION REMARKS/ JUSTIFICATIONS PROVISIONS OF BILLS CLAUSES

Constitution of the Convocation of the University of Mpumalanga

Arbitration Act CHAPTER Part I. Arbitration pursuant to an arbitration agreement. Introductory

Commencing an (ICC) Arbitration

Standing Orders Penrith & The Border Constituency Labour Party (CLP)

Liberal Party of Canada. Party Bylaw 1 Procedures for the election of delegates to a Biennial Convention

CERTIFICATE OF INCORPORATION OF UNITEDHEALTH GROUP INCORPORATED ARTICLE I NAME

S17-65 [Issue 1] STATE CORPORATIONS APPEAL TRIBUNAL RULES, 2001 ARRANGEMENT OF RULES Rule SCHEDULES FIRST SCHEDULE

LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA. Chapter I GENERAL PROVISIONS

LABOUR RELATIONS ACT NO. 14 OF 2007 SUBSIDIARY LEGISLATION

LRCFT Retiree Chapter Bylaws

IN THE RETIREMENT BENEFITS APPEALS TRIBUNAL AT NAIROBI. CIVIL APPEAL No. 2 of Titus Kimondo Ndirangu & 6 Others Appellants -VERSUS

RETIREMENT BENEFITS SCHEMES. Election Procedures Manual 2016

THE SOCIETIES ACT CONSTITUTION AND RULES FOR EAST AFRICA INTERPRETERS AND TRANSLATORS ASSOCIATION

THE TANGANYIKA LAW SOCIETY (ELECTIONS) REGULATIONS, 2018 ARRANGEMENTS OF REGULATIONS PART I PRELIMINARY PART II NOMINATION COMMITTEE

REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA AT NAIROBI PETITION NUMBER OF BETWEEN- -VERSUS-

0 8 / 1 4 / : J O N E S C O C I R C U I T C L K P A G E 0 2 / 0 9

DECLARATION OF GLOBAL PRINCIPLES FOR NON-PARTISAN ELECTION OBSERVATION AND MONITORING BY CITIZEN ORGANIZATIONS AND

(2) A Regent shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and the oath for the due execution of

Submission to the United Nations Universal Periodic Review of. Sierra Leone. Second Cycle Twenty-Fourth Session of the UPR January-February 2016

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

Transcription:

REPUBLIC OF KENYA POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO. 134 OF 2017 TOM MIGIRO ORENGE....COMPLAINANT VERSUS ORANGE DEMOCRACTIC MOVEMENT...1 ST RESPONDENT ABINA MOGIRE.2 ND RESPONDENT JUDGMENT Summary of the Case 1. Both the Claimant and the 2 nd Respondent were contestants in the party primaries of the 1 st Respondent held on 29 th April 2017 for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County. The Claimant was declared the winner of the said nominations having garnered 316 votes against the 2 nd Respondent s 314 votes and was even issued with a provisional nomination certificate. However, the 1 st Respondent instead issued the final nomination certificate to the 2 nd Respondent. 2. The Claimant vide a letter dated 7 th May 2017 complained to the 1 st Respondent s County Appeals Tribunal, which letter was never acted upon. The Claimant has now approached this Tribunal for the following reliefs: a) A declaration that the Claimant is the bone fide 1 st Respondent s nominee for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County. Page 1 of 5

b) A declaration that the award of the nomination certificate to the 2 nd Respondent or any other person other than the Claimant as the 1 st Respondent s nominee for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County, if any, is null and void. c) An order compelling the 1 st Respondent to issue the Claimant with the final nomination certificate for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County. 3. In reply, the 2 nd Respondent opposed the Claimant s case and implored this Tribunal to dismiss the same saying that he, the 2 nd Respondent, was the winner of the 1 st Respondent s party primaries having got 322 against the Claimant s 316 votes as per the purported copy of a letter of one Dick Opata who was the Returning Officer of Embakasi Central Constituency. The 2 nd Respondent was also issued with a provisional nomination certificate. Issues for Determination The primary issue is whether it was the Claimant or the 2 nd Respondent who won the 1 st Respondent s party primaries for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County. Analysis 4. This issue calls into the question the credibility of the 1 st Respondent s nomination process to determine the nominee for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County. For an election exercise to be said to have been free and fair, the following conditions must be met, namely: the electors must have voted through secret balloting, free from violence, intimidation and improper influence or corruption, conducted by Page 2 of 5

an independent body, transparent and administered in an impartial, neutral, efficient, accurate and accountable manner. 5. These requirements also underlie the citizens rights and freedoms contained in Article 38 of the Constitution of Kenya, 2010, and as such, are binding on a political party s nomination exercise. Article 38 guarantees the right of every citizen to make political choices, which includes the rights to form and participate in the activities of a political party. In this regard, one has the right to take part in a free, fair and regular elections based on universal suffrage and the free expression of will to vie for any office of any political party to which such a person is a member. 6. To this end, Article 91 (1) (d) of the Constitution specifically obligates political parties in Kenya to abide by the democratic principles of good governance, promote and practice democracy through regular, fair and free elections within the party. 7. To fulfil these constitutional requirements, section 9 of the Political Parties Act, 2011 read together with the Second Schedule of the same sets out the key issues that must be contained in the constitutions of all duly registered political parties in Kenya. The relevant point for our purposes in the matter is the rule that a political party constitution must establish guidelines for, among other things, the nomination of candidates for elections. 8. The 1 st Respondent s nomination rules also guarantee the rights and freedoms of their members to a free, fair and credible elections. Indeed, it is in doubt that 1 st Respondent conducted party primaries on 29 th April 2017 with the goal to determine the nominee for the County Assembly Member, Matopeni/Spring Valley Ward, Nairobi County. Page 3 of 5

9. As a political party that is duly registered in Kenya, the 1 st Respondent owes to its members the obligation to conduct a free, fair and credible nomination process. This meant, among other things, that the exercise ought to have been credible and accurate results of the same recorded by the Returning Officer. 10. However, upon the perusal of the evidence before us, we were unable to find any credible evidence to support the contention that Returning Officer accurately recorded the results of the nomination. For this reason, it is difficult verifying the results alleged by both the Claimant and the 2 nd Respondent. Put differently, it is not clear as to who, between the Claimant and the 2 nd Respondent won the 1 st Respondent s nomination exercise for the position of the County Assembly Member, Matopeni/Spring Valley Ward, Nairobi County. Orders 11. For the reasons advanced above, this Tribunal orders as follows: a) That the 1 st Respondent be and is hereby restrained from issuing the final nomination certificate to any other person for the position of the Member of County Assembly Matopeni/Spring Valley Ward, Nairobi County. b) That, in the event that the 1 st Respondent has issued the final nomination certificate to the 2 nd Respondent or any another individual for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County, the same is hereby declared null and void. c) That the 1 st Respondent be and is hereby ordered to conduct fresh nominations for the position of the Member of County Assembly, Matopeni/Spring Valley Ward, Nairobi County within 24 hours of this judgment forthwith. d) No orders as to cost in order to foster party unity, growth and democracy. Orders accordingly. Page 4 of 5

DATED AT NAIROBI THIS 16 TH DAY OF MAY 2017 Kyalo Mbobu (Chairman)... James Atema (Member)... Hassan Abdi (Member)... Page 5 of 5