Okwemba v United Democratic Party & another (Complaint 192 (NRB) of 2017) [2017] KEPPDT 218 (KLR) (15 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 218
- Citation
- [2017] KEPPDT 218 (KLR)
- Decided
- 15 May 2017
The Tribunal held that the 1st Respondent violated the complainant's legitimate expectation that nominations would be conducted, and ordered repeat nominations, declared the purported direct nomination and certificate null and void, and ordered the 1st Respondent to conduct a nomination exercise within 48 hours.
Facts
The complainant Charles O Okwemba alleged that nominations for the position of Member of County Assembly in Wemilabi Ward, Luanda Constituency, Vihiga County were never conducted as scheduled, and that the 1st Respondent (United Democratic Party) had given the nomination certificate to the 2nd Respondent (Johnstone Kasaba) without conducting the nomination exercise.
Issues
- Whether the Tribunal should order repeat nominations
- Whether the Tribunal should declare the purported direct nomination and certificate of nomination null and void
- Whether the Tribunal should order the 1st Respondent to conduct a nomination exercise
Reasoning
The Tribunal held that the 1st Respondent could not undertake a direct nomination where there were two aspirants, and that the complainant had a legitimate expectation that nominations would be conducted.
Outcome
The complaint is allowed.
Orders
- A declaration that the 1st Respondent failed to conduct free and fair nominations
- A declaration that the purported direct nomination and certificate are null and void
- An order for the 1st Respondent to conduct a nomination exercise within 48 hours
- The 1st Respondent to bear the complainant's costs
Remedies
- Declaration of failure to conduct nominations
- Declaration of nullity of purported nomination and certificate
- Order for conduct of nominations
Authorities cited
Legislation (2)
- Article 47(2) of the Constitution
- Fair Administrative Action Act, 2015
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