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Jemeli v Jubilee Party (Complaint 484 of 2017) [2017] KEPPDT 124 (KLR) (1 August 2017) (Judgment)

[2017] KEPPDT 124 (KLR) Public Procurement Tribunal
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Court
Public Procurement Tribunal
Case number
124
Citation
[2017] KEPPDT 124 (KLR)
Decided
1 August 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the original trial outcomeCoramMilly Lwanga (Presiding Member), Desma Nungo (Member), Paul Ngotho (Member)
Holding

The Claimant's application dated 25th July 2017 is hereby dismissed.

Facts

The Claimant applied for nomination under the Jubilee party for the position of Member of County Assembly in Nandi County under the Gender Top Up category. However, her name was omitted from the final list published by the Independent Electoral Boundaries Commission (IEBC) and replaced with a 'Jane Jepkoech' who applied under the Persons Living with Disability Category.

Issues

  1. Whether the omission of the Claimant's name from the final list was justified by the Respondent's discretion in nominating candidates.
  2. Whether the Claimant's application for nomination was a guarantee of nomination.

Reasoning

The Tribunal finds that the Respondent's discretion in nominating candidates is valid and that the Claimant's application was not a guarantee of nomination. The restrictive timelines for filing and resolution of disputes by IEBC were taken into account.

Outcome

Appeal dismissed

Orders

  • The Claimant's application dated 25th July 2017 is hereby dismissed.
  • No orders as to costs.
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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