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Njeru v Jubilee Party (Complaint (NRB) 400 of 2017) [2017] KEPPDT 237 (KLR) (2 August 2017) (Judgment)

[2017] KEPPDT 237 (KLR) Public Procurement Tribunal
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Court
Public Procurement Tribunal
Case number
237
Citation
[2017] KEPPDT 237 (KLR)
Decided
2 August 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the original trialCoramMilly Lwanga (Presiding Member), Desma Nungo (Member), Paul Ngotho (Member)
Holding

The Claimant's complaint is dismissed.

Facts

The Claimant applied for nomination under the Jubilee Party for the position of Member of County Assembly, Embu County under the Marginalized Group Category. However, she was not included in the final list published by the Independent Electoral Boundaries Commission (IEBC) on 23rd July 2017.

Issues

  1. Whether the Respondent's conduct in nominating party lists for county assemblies violates Article 177 (1) (b) and (c) of the Constitution.
  2. Whether the Claimant was properly excluded from the final list based on the Respondent's discretion and the application of law.

Reasoning

The Tribunal found that the Respondent had the discretion to determine the criteria for nomination and that the Claimant was not chosen due to the limited number of available nomination slots.

Outcome

The Claimant's complaint is dismissed.

Orders

  • The Claim dated 23rd July 2017 be and is hereby dismissed.
  • No orders as to costs.

Authorities cited

Legislation (1)
  • Article 177 (1) (b) and (c) of the Constitution of Kenya
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.
Full judgment 0.3 MB · PDF

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