Ogutu & another v Orange Democratic Movement Party & 5 others (Complaint (NRB) 200 of 2017) [2017] KEPPDT 169 (KLR) (11 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 169
- Citation
- [2017] KEPPDT 169 (KLR)
- Decided
- 11 May 2017
The Complaint is dismissed as the Tribunal lacks jurisdiction to address the constitutional violations and the nomination exercise was conducted within the party's rules.
Facts
The 1st Petitioners, Jeconia Okungu Ogutu and Julius Ooko Okayo, are members of the 1st Respondent, Orange Democratic Movement Party (ODM). They filed a complaint alleging that the party primaries in Siaya County were conducted in violation of the party's rules and the Constitution. The 3rd Respondent, Siaya County Returning Officer, was declared the winner and issued a nomination certificate.
Issues
- Does the Tribunal have jurisdiction to determine the matter?
- Were the party primaries in Siaya County conducted inside the rules and regulations of the party?
- Can the Tribunal issue orders in respect of alleged violations of the Constitution?
Reasoning
The Tribunal found that the 1st Respondent violated its own constitution and election and nomination rules by failing to use the party register and allowing non-members to vote. However, the Tribunal lacks the mandate to address constitutional violations and can only address alleged violations of the 1st Respondent's constitution and election and nomination rules.
Outcome
The Complaint dated 5th May 2017 fails and is dismissed.
Orders
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Constitution of Kenya
Cases cited (2)
- National Appeals Tribunal (NAT) Appeal 31 of 2017
- Article 38, 91, 92 of the Constitution
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