Jubilee Party of Kenya v Farah Mohamed Manzoor [2017] KEHC 9304 (KLR)
- Court
- High Court of Kenya
- Case number
- 9304
- Citation
- [2017] KEHC 9304 (KLR)
- Decided
- 5 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection Nomination AppealPostureAppeal from the Political Parties Disputes Tribunal
Holding
The Appeal succeeds and is hereby allowed. The Judgment and Decree of the Political Parties Disputes Tribunal is set aside with no order as to costs.
Facts
The Respondent, Farah Mohamed Manzoor, applied to be considered for direct nomination to the Senate by the Appellant, Jubilee Party of Kenya. Her application was approved but she was later removed from the Party List forwarded to IEBC.
Issues
- Whether the Tribunal had jurisdiction to hear the complaint.
- Whether the Party List was unlawful and null and void.
- Whether the Tribunal erred in law and fact in ordering the reconstitution of the Party List.
Reasoning
The Tribunal was without jurisdiction to hear the complaint as the Respondent had not exhausted the Party's internal dispute resolution mechanism.
Outcome
Appeal Allowed
Authorities cited
Legislation (4)
- Independent Electoral and Boundaries Commission Act, No. 9 of 2011
- Elections Act, No. 24 of 2011
- Elections (General) Regulations, 2012
- Elections (Party Primaries and Party Lists) Regulations, 2017
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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