Werar v Kenya African National Union; Independent Electoral and Boundaries Commission (Interested Party) (Complaint 330 (NRB) of 2017) [2017] KEPPDT 327 (KLR) (27 July 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 327
- Citation
- [2017] KEPPDT 327 (KLR)
- Decided
- 27 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputePostureAppeal from the original trialCoramChacha Mwita, Odunga
Holding
The Tribunal has jurisdiction to hear the complaint and resolve the dispute between the complainant and the political party.
Facts
Mohamed Abdi Werar applied to be included in the Kenya African National Union's proportional-representation party list, but was excluded. He claims he had paid application fees and been vetted, but was not considered.
Issues
- Whether the Tribunal has jurisdiction to hear the complaint
- Whether the Tribunal can resolve the dispute between the complainant and the political party
Reasoning
The Tribunal has jurisdiction under section 40 of the Political Parties Act, 2011, as the complaint raises a dispute between a party member and a political party under Article 40 of the Political Parties Act, 2011. The Tribunal can apply the Constitution in resolving disputes before it.
Outcome
The Tribunal has jurisdiction to hear the complaint and resolve the dispute.
Orders
- Dated at Nairobi this 27th day of July 2017
Authorities cited
Legislation (1)
- Political Parties Act, 2011
Cases cited (4)
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd
- Mavrommatis Palestine Concessions Case (Greece v Britain)
- Complaint No 200 of 2017 Orange Democratic Movement Party v Jekconia Okungu Ogutu
- Jeckonia Okungu Ogutu v Orange Democratic Movement Party & 7 others Civil Appeal No. 179 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.
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