Odida & 2 others v Orange Democratic Movement; Independent Electoral and Boundaries Commission (Interested Party) (Complaint 331 of 2017) [2017] KEPPDT 159 (KLR) (25 July 2017) (Ruling)
- Court
- Public Procurement Tribunal
- Case number
- 159
- Citation
- [2017] KEPPDT 159 (KLR)
- Decided
- 25 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the original trialCoramM. O. Lwanga (Presiding Member), Desma Nungo (Member), Paul Ngotho (Member)
Holding
The Tribunal finds that the Claimants have not adduced sufficient information to enable the exercise of discretion in their favour.
Facts
The Claimants, Rushila Akoth Odida and two others, approached the Tribunal seeking an injunction and declarations regarding the Respondent's (Orange Democratic Movement) nominations for party lists. The Claimants alleged that the nominations were arbitrary, flawed, and in breach of the Respondent's guidelines.
Issues
- Whether the Tribunal has jurisdiction to entertain the present complaint
- Whether the prayers sought can be granted
Reasoning
The Tribunal determined that the matter was not properly before the Tribunal due to the lack of a party list and the absence of a party nomination exercise as per the IEBC guidelines.
Outcome
The Notice of Motion dated 18 July 2017 is dismissed.
Orders
- The Notice of Motion dated 18 July 2017 be and is hereby dismissed.
- Each party bears its own 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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