Ngugi v Jubilee Party (Complaint 359 of 2017) [2017] KEPPDT 337 (KLR) (1 August 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 337
- Citation
- [2017] KEPPDT 337 (KLR)
- Decided
- 1 August 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the original trialCoramM. O. Lwanga (Presiding Member), Desma Nungo (Member), Paul Ngotho (Member)
Holding
The Respondent’s Laikipia County Assembly (Marginalized Group) Party List is null and void, and the Respondent is directed to reconstitute the list to reflect the ethnic diversity of Laikipia County, including the Claimant in a priority position.
Facts
The Claimant, a member of the Respondent (Jubilee Party), applied to be considered for nomination to the Laikipia County Assembly to represent the interests of persons with disabilities. He was excluded from the list published by IEBC on 23 July 2017.
Issues
- Whether the Respondent’s nomination process was fair and justifiable
- Whether the Respondent’s Laikipia County Assembly (Marginalized Group) Party List reflects the ethnic diversity of Laikipia County
Reasoning
The Claimant was not among those whose application was successful, and the Respondent had the discretion to determine the criteria for nominating candidates. The list was not compliant with the law.
Outcome
The Claimant's complaint succeeds.
Orders
- A declaration that the Respondent’s list is null and void
- Reconstitution of the list to reflect ethnic diversity
- Inclusion of the Claimant in a priority position
- Afford a hearing to affected persons
Remedies
- Reconstitution of the list to reflect ethnic diversity
- Inclusion of the Claimant in a priority position
- Afford a hearing to affected persons
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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