Werunga v Forum for the Restoration of Democracy- Kenya & another (Complaint 97 of 2017) [2017] KEPPDT 212 (KLR) (10 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 212
- Citation
- [2017] KEPPDT 212 (KLR)
- Decided
- 10 May 2017
The claim is dismissed with no order as to costs.
Facts
The complainant, Kapanga Peter Werunga, filed a complaint against the Forum for the Restoration of Democracy-Kenya and another regarding the nomination exercise for Member of Parliament in Kabuchai Constituency, Bungoma County. The 2nd Respondent, James Mukwe Lusweti, was declared the winner and issued with a nomination certificate. The complainant alleged irregularities such as no party register being used, untrained poll officers, threats and violence to agents, bribery, ballot stuffing, and un-serialized ballot papers.
Issues
- Whether the nomination was irregular and in contravention of the 1st Respondent’s Constitution.
- Whether the hearing conducted by the party’s dispute resolution board was flawed.
Reasoning
The court found that the irregularities alleged by the complainant were not conclusively determined due to insufficient evidence. The IDRM process was found to be adequate and the nomination exercise reflected the will of the people.
Outcome
Dismissed
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