Kuresoi v Benazir & another (Complaint 422 (NRB) of 2017) [2017] KEPPDT 143 (KLR) (1 August 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 143
- Citation
- [2017] KEPPDT 143 (KLR)
- Decided
- 1 August 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from a decision of the Political Parties Disputes TribunalCoramM. O. Lwanga (Presiding Member), Desma Nungo (Member), Paul Ngotho (Member)
Holding
The Claimant succeeds partially, with the 2nd Respondent directed to consider filling the eighth slot in the County Assembly Party List with the Claimant's name in view of her gender and minority status.
Facts
Rosaline Chebet Kuresoi, a member of the Jubilee Party, challenged her exclusion from the party list for the Nakuru County Assembly. She claimed she was a member of the Ogiek Peoples Development Program and a minority in her constituency. She also challenged the inclusion of the 1st Respondent in the list.
Issues
- Claimant's exclusion from the party list
- Inclusion of the 1st Respondent in the party list
Reasoning
The tribunal found that the nomination process was fair and justifiable, but the Claimant was not among those whose application was successful.
Outcome
Appeal upheld partially
Orders
- The Claim against the 1st Respondent be and is hereby dismissed.
- The 2nd Respondent is directed to consider filling the eighth slot in the County Assembly (Marginalised Group) Party List with the Claimant's name in view of her gender and minority status.
- Notification issue to the IEBC.
- No order as to costs.
Remedies
- Consideration of the Claimant's name in the party list
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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