Crispinus Pegga Barasa v Jubilee Party of Kenya [2017] KEPPDT 29 (KLR)
- Court
- Public Procurement Tribunal
- Case number
- 29
- Citation
- [2017] KEPPDT 29 (KLR)
- Decided
- 25 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the Political Parties Disputes TribunalCoramM. O. Lwanga (Presiding Member), Paul Ngotho (Member), Dr. Adelaide Mbithi (Member)
Holding
The claim succeeds, but the nomination certificate for Member of the County Assembly, Bukusu Ward, Bungoma County is awarded to the Claimant.
Facts
The Claimant, Crispinus Pegga Barasa, paid nomination fees and submitted a candidate registration form, but claimed no nomination exercise took place for the Member of the County Assembly, Bukusu Ward, Bungoma County. The Respondent, Jubilee Party of Kenya, submitted a list of candidates to the IEBC.
Issues
- Whether the 1st Respondent conducted nominations for Member of the County Assembly, Bukusu Ward, Bungoma County
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Tribunal found that the Respondent did not provide proof of the nomination exercise and that the Claimant had acted in good faith. The Tribunal ordered the Respondent to award the nomination certificate to the Claimant.
Outcome
Claim Succeeds
Orders
- Award the nomination certificate for Member of the County Assembly, Bukusu Ward, Bungoma County to the Claimant
- Direct that each party bear its own costs
Remedies
- Award of nomination certificate
Authorities cited
Cases cited (1)
- Eric Kyalo Mutua v Wiper Democratic Movement & Anor High Court Election Appeal 4 of 2017
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.
Loading judgment…