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Amin v Jubilee Party (Complaint 429 of 2017) [2017] KEPPDT 155 (KLR) (2 August 2017) (Judgment)

[2017] KEPPDT 155 (KLR) Public Procurement Tribunal
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Court
Public Procurement Tribunal
Case number
155
Citation
[2017] KEPPDT 155 (KLR)
Decided
2 August 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureRespondent's AppealCoramMilly Lwanga, Desma Nuncio, Paul Ngotho
Holding

The Respondent's party list is null and void due to lack of ethnic diversity. The Respondent is ordered to reconstitute the list and include the Claimant.

Facts

Claimant applied for nomination under the Jubilee Party for the position of Member of County Assembly in Laikipia East Ward, Laikipia County under the Persons with Disability Category. Her name was missing from the initial and final party nomination lists.

Issues

  1. Ethnic diversity in the party list
  2. Claimant's inclusion in the final nomination list

Reasoning

The Respondent's discretion in nominating candidates was upheld, but the party list was found to lack ethnic diversity, which is a requirement under the Constitution.

Outcome

Appeal dismissed

Orders

  • A declaration that the Respondent's list is null and void
  • Reconstitution of the list to reflect ethnic diversity
  • Inclusion of Claimant in the reconstituted list
  • Hearing for affected persons to provide reasons for decisions

Remedies

  • Reconstitution of the party list
  • Inclusion of Claimant in the list

Authorities cited

Legislation (1)
  • Article 177 of the Constitution
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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