Omwanwa v Jubilee Party (Complaint 409 (NRB) of 2017) [2017] KEPPDT 146 (KLR) (1 August 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 146
- Citation
- [2017] KEPPDT 146 (KLR)
- Decided
- 1 August 2017
The Respondent's nomination list for Nyamira County Assembly top-up positions was found to be defective and not in line with the provisions of the law, as it omitted the name of the complainant.
Facts
The complainant, Josephine Moraa Omwanwa, alleges that the Respondent, Jubilee Party, did not follow the proper procedure in nominating candidates for the Nyamira County Assembly top-up list, as required by the Constitution. She claims she was excluded from the list despite being a member of the party and a registered voter.
Issues
- Whether the Respondent contravened the law in the preparation of the party list - top up for Nyamira County
- Whether the nomination process was procedurally sound
Reasoning
The Respondent's nomination process was deemed undemocratic and lacked inclusivity, leading to the exclusion of the complainant from the list.
Outcome
The Respondent's nomination list for Nyamira County Assembly top-up positions was found to be defective and not in line with the provisions of the law, and the list was amended to include the complainant.
Orders
- The Respondent's nomination list for Nyamira County Assembly top-up positions was amended to include the complainant
Remedies
- Amendment of the list in respect of the Nyamira County Assembly top up list
Authorities cited
Legislation (1)
- Article 177 (1) (b) and (c) of the Constitution
Loading judgment…