Mboo v Jubilee Party (Complaint 411 of 2017) [2017] KEPPDT 369 (KLR) (28 July 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 369
- Citation
- [2017] KEPPDT 369 (KLR)
- Decided
- 28 July 2017
The Tribunal held that the Respondent’s discretion over the composition of the party list is not absolute and that the Complainant was not qualified to be nominated.
Facts
The Complainant, James Wanyoike Mboo, approached the Tribunal challenging the Respondent, Jubilee Party, for not including his name in the party list for gender special nominees to the County Assembly of Kiambu. The Complainant claimed he applied for the nomination and was included in the list of successful nominees.
Issues
- Whether the Respondent’s discretion to decide the composition of its party list was absolute.
- Whether the Complainant was qualified to be nominated in the Respondent’s party list.
Reasoning
The Tribunal ruled that the Respondent’s party list must advance an ascertainable special interest and that a political party must consider the law when deciding who to put in the party list. The Complainant was not a member of the Respondent’s party and thus not qualified for nomination.
Outcome
The complaint was dismissed.
Orders
- The complaint be and is hereby dismissed.
- Each party to bear its own cost.
Authorities cited
Cases cited (1)
- Commissioner for the Implementation of the Constitution v Attorney General (2013) eKLR
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