Rachael Nyamai v Jubilee Party of Kenya & another [2017] KEHC 8873 (KLR)
- Court
- High Court of Kenya
- Case number
- 8873
- Citation
- [2017] KEHC 8873 (KLR)
- Decided
- 22 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection Petition AppealPostureAppeal from the Judgment and decree of the Political Parties Disputes TribunalCoramA.O. MUCHELULE
Holding
The judgment and orders of the Tribunal dated 19th May 2017 were made without jurisdiction and are hereby set aside with costs to the appellant.
Facts
The appellant and respondent are members of the Jubilee Party of Kenya. They sought to be nominated for the position of member of the National Assembly for Kitui South Constituency in the 2017 general elections. The 1st respondent directly nominated the appellant, which the 2nd respondent contested.
Issues
- Tribunal erred in finding it had jurisdiction to hear the complaint
- Tribunal erred in finding the 1st respondent wrongly and unlawfully adopted the direct nomination method
Reasoning
The Tribunal did not address the jurisdictional issue and instead dealt with the merits of the complaint. The 2nd respondent had not exhausted the 1st respondent's internal dispute resolution mechanism.
Outcome
Appeal successful
Orders
- The judgment and orders of the Tribunal dated 19th May 2017 are hereby set aside with costs to the appellant
Authorities cited
Cases cited (2)
- Joey” -v- Owners and Masters of the Motor Tugs
- Barbara” and “Steve B” [2000] LLR 2789 (CAK); [2008] IEA 367
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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