Gabriel Bukachi Chapia v Orange Democratic Movement & another [2017] KECA 391 (KLR)
- Court
- Court of Appeal
- Case number
- 391
- Citation
- [2017] KECA 391 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgment
Holding
The High Court's decision upholding the PPDT's decision was upheld.
Facts
The appellant, Gabriel Bukachi Chapia, applied for nomination as a Senate candidate for Nairobi County. The Orange Democratic Movement (ODM) declined to entertain his complaint, citing it was premature as he had not exhausted the internal dispute resolution mechanism.
Issues
- Whether the High Court erred in upholding the decision of the PPDT to decline the appellant's complaint on the grounds it was premature.
- Whether disputes arising out of party primaries are subject to internal party dispute resolution mechanisms before the PPDT can take cognizance of them.
Reasoning
The Court of Appeal held that the PPDT should not entertain disputes between members of a political party, disputes between a member of a political party and a political party, disputes between political parties, or disputes between coalition partners unless such disputes are first heard and determined by the internal political party dispute resolution mechanisms.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (2)
- Political Parties Act
- Elections Act
Cases cited (3)
- Dr. Lilian Gogo vs. Joseph M Nyamuthe and 4 others
- Speaker of the National Assembly vs. Hon. James Njenga Karume
- Kimani Wanyoike vs. Electoral Commission & another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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