Olongo v Orange Democratic Party (Complaint 367C (NRB) of 2017) [2017] KEPPDT 112 (KLR) (1 August 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 112
- Citation
- [2017] KEPPDT 112 (KLR)
- Decided
- 1 August 2017
The Respondent is directed to reconstitute the County Assembly (Marginalised Group) Party List in respect of Nairobi County to comply with the requirement to alternate between male and female candidates. The Respondent is also directed to consider including the Claimant in the reconstituted list in line with the recommendation of the Disability League.
Facts
Claimant is a person with disability who applied to be considered for nomination to the Nairobi County Assembly Gender Top Up List, but was excluded. She claims the Disability League, mandated by the Respondent, should have included her.
Issues
- Whether the Respondent violated any law in the preparation of the County Assembly (Marginalised Groups) Party List in respect of Nairobi County Assembly
- Whether the Claimant should be included in the revised list
Reasoning
The list does not comply with the zebra rule and the requirement under section 36 (1) (f) of the Elections Act. The Claimant was the only person recommended by the Disability League and has demonstrated active participation in the activities of the Respondent.
Outcome
Claimant succeeds in part
Orders
- Reconstitute the County Assembly (Marginalised Group) Party List to comply with the requirement to alternate between male and female candidates
- Consider including the Claimant in the reconstituted list in line with the recommendation of the Disability League
- Notication issue to the IEBC
Remedies
- Reconstitute the County Assembly (Marginalised Group) Party List to comply with the requirement to alternate between male and female candidates
- Consider including the Claimant in the reconstituted list in line with the recommendation of the Disability League
Authorities cited
Legislation (6)
- Constitution
- Elections Act 24 of 2011
- County Government Act 17 of 2012
- Elections (Party Primaries and Party List) Regulations of 2017
- Elections Act 24 of 2011
- County Government Act 17 of 2012
Cases cited (1)
- National Gender and Equality Commission v IEBC & Others Petition 147 of 2013
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