Fridah Muendi v Moffat Maitha Muia & 2 others [2017] KECA 275 (KLR)

Facts

Fridah Muendi and Moffat Maitha Muia participated in the Jubilee Party primary nomination exercise for the position of Member of the County Assembly. Moffat was declared the winner and issued a nomination certificate. Fridah challenged the result, which was overturned by the Jubilee National Elections Board. She then challenged the reversal at the Political Parties Dispute Tribunal (PPDT), which ruled in her favor. Moffat moved to the High Court, which overturned the PPDT's decision.

Issues

1. Whether Moffat was a bonafide member of the Jubilee Party at the time of the primary nomination exercise.
2. Whether Fridah discharged the burden of proof to show Moffat was not a bonafide member of the Jubilee Party at the time of the primary nomination exercise.

Reasoning

The court agreed with the learned judge that resignation takes effect upon receipt of the notice by the party or its authorized agent, and that Moffat complied with the requirement to file the resignation notice within 3 days. The court also found that Fridah failed to discharge the burden of proof.

Outcome

Appeal dismissed

Authorities cited