Noor v Jubilee Party (Complaint 360 of 2017) [2017] KEPPDT 336 (KLR) (At Nairobi) (28 July 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 336
- Citation
- [2017] KEPPDT 336 (KLR)
- Decided
- 28 July 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 Complaint is hereby dismissed.
Facts
The Claimant, a member of the Jubilee Party, submitted an application for nomination under the Gender Special Seats to the County Assembly of Mandera County. However, her name was relegated from 9th to 25th on the final list published by the Independent Electoral Boundaries Commission (IEBC).
Issues
- Whether the Respondent’s preparation of the Gender (Top Up) party list was in accordance with the law.
- Whether the list as published by IEBC complies with the requirement of regional and equitable representation.
Reasoning
The Tribunal found that the Respondent had the discretion to prepare the final list, with the IEBC retaining an oversight role. The Claimant did not demonstrate that the Respondent did not exercise its discretion properly in preparation of the list.
Outcome
Appeal dismissed
Orders
- The Complaint dated 23rd July 2017 is hereby dismissed.
- No orders as to costs.
Authorities cited
Legislation (3)
- Political Parties Act of 2011
- Elections Act 11 of 2011
- Elections (Party Primaries and Party List) Regulations 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…