Jubilee Party of Kenya v Agnes Ndunge Mutwiwa [2017] KEHC 9387 (KLR)
- Court
- High Court of Kenya
- Case number
- 9387
- Citation
- [2017] KEHC 9387 (KLR)
- Decided
- 5 September 2017
The Tribunal lacked jurisdiction to hear and determine the Respondent's Complaint, and the Judgment and Decree are set aside.
Facts
The Respondent, Agnes Ndunge Mutwiwa, filed a complaint against the Appellant, Jubilee Party of Kenya, alleging that the Party List of Nominees for Murang'a County Assembly did not reflect the regional diversity of the people of Murang'a County. The Respondent sought to be included in the List of Nominees.
Issues
- Tribunal's jurisdiction
- Compulsory reconstitution of Party List
Reasoning
The Tribunal was not an appropriate option for the Respondent to seek redress, as it did not consider the legal provisions attendant to nomination and the compilation of Party Lists. The Tribunal proceeded to assume jurisdiction without ensuring strict compliance with the law.
Outcome
Appeal allowed, Judgment and Decree of the Political Parties Disputes Tribunal set aside
Orders
- Judgment and Decree of the Tribunal set aside
- Each party to bear own costs
Authorities cited
Legislation (5)
- Political Parties Act, 2011
- Independent Electoral and Boundaries Commission Act, 2011
- Elections Act, 2011
- Elections (General) Regulations, 2012
- Elections (Party Primaries and Party Lists) Regulations, 2017
Cases cited (1)
- Owners of Motor Vessel Lillian S vs. Caltex Oil (Kenya) Ltd (1989) KLR 1
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