Zachary v Kenya African National Union (KANU) (Complaint 354 (NRB) of 2017) [2017] KEPPDT 115 (KLR) (27 July 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 115
- Citation
- [2017] KEPPDT 115 (KLR)
- Decided
- 27 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the original trialCoramM. O. LWANGA, DESMA NUNGO, PAUL NGOTHO
Holding
The Tribunal orders KANU to transfer the Claimant's name from the Gender Top Up list to the list of marginalized groups.
Facts
The Claimant, a member of KANU, applied to be nominated for Meru County Assembly to represent the youth. His name was included in the party list but he was placed in the Gender Top Up category, not the youth category.
Issues
- Whether KANU contravened any law in compiling the list it submitted to the IEBC
- Whether the Tribunal can grant the orders sought
Reasoning
The Tribunal held that KANU did not provide justifications for declining to nominate the Claimant, and since no candidate was nominated for the youth seats, the Claimant's case has merit.
Outcome
In favor of the Claimant
Orders
- Transfer Claimant's name from Gender Top Up list to list of marginalized groups
- Notify IEBC
- No order as to costs
Remedies
- Transfer of Claimant's name to the list of marginalized groups
Authorities cited
Legislation (3)
- Elections Act 11 of 2011
- County Government Act 17 of 2012
- Elections [Party Primaries and Party List] Regulations 2017
Cases cited (1)
- National Gender and Equality Commission v IEBC & Others Petition 147 of 2013
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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