Momanyi v Matagaro & another (Complaint 313 (NRB) of 2017) [2017] KEPPDT 138 (KLR) (7 August 2017) (Ruling)
- Court
- Public Procurement Tribunal
- Case number
- 138
- Citation
- [2017] KEPPDT 138 (KLR)
- Decided
- 7 August 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from a previous decisionCoramMilly Lwanga, Desma Nuncio, Paul Ngotho
Holding
The Tribunal dismisses the applicant's appeal and orders the dismissal of the Notice of Motion Application.
Facts
The applicant, John Nyamete Momanyi, resigned from the Orange Democratic Movement (ODM) and joined the People's Democratic Party (PDP). However, his name was still on the ballot papers for ODM nominations, leading to his nomination and subsequent election.
Issues
- Whether the applicant was properly served with the court pleadings and orders
- Whether the applicant was a member of the People's Democratic Party (PDP) at the time of the nominations
Reasoning
The Tribunal found that the applicant failed to provide evidence of proper service of his resignation letter and membership confirmation, and that the nomination certificate was not dated.
Outcome
Appeal dismissed
Orders
- Notice of Motion Application 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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