Lenolkirna v Jubilee Party (Complaint 394 of 2017) [2017] KEPPDT 365 (KLR) (28 July 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 365
- Citation
- [2017] KEPPDT 365 (KLR)
- Decided
- 28 July 2017
The Tribunal finds that the Respondent did not contravene any law in compiling the party list and that the Claimant has not demonstrated that the manner in which the list was prepared contravened the law.
Facts
Grace Muthoni Lenolkirna, a member of the Jubilee Party, applied for nomination to the Samburu County Assembly but was not included in the party list. She claims she was excluded unfairly and that other less qualified individuals were included.
Issues
- Whether the Respondent contravened any law in compiling the party list under Article 177 (1) (c) of the Constitution.
- Whether the Respondent violated any law in the preparation of the party list in respect of Samburu County Assembly.
Reasoning
The Tribunal determined that the Claimant did not provide evidence of her inclusion in the party list and that the exclusion was justified by her previous nomination. The Tribunal also found that the inclusion of other individuals on the list was fair and justified.
Outcome
The Statement of Claim is dismissed.
Orders
- The Statement of Claim dated 23 July 2017 be and is hereby dismissed.
- We make no order as to costs.
Authorities cited
Legislation (5)
- Article 177 (1) (c) of the Constitution
- Elections Act 24 of 2011
- Elections (Party Primaries and Party List) Regulations of 2017
- Article 90 of the Constitution
- Article 91 (1) (e) of the Constitution
Cases cited (1)
- National Gender and Equality Commission v IEBC & Others Petition 147 of 2013
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