Chongeywo v Orange Democratic Movement (Complaint 425 of 2017) [2017] KEPPDT 371 (KLR) (1 August 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 371
- Citation
- [2017] KEPPDT 371 (KLR)
- Decided
- 1 August 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from a decision of the Political Parties Disputes TribunalCoramM. O. Lwanga, Desma Nungo, Paul Ngotho
Holding
The Tribunal found in favor of the Claimant, declaring the party list not to reflect the required ethnic and regional diversity and directing the Respondent to reconstitute the list.
Facts
The Claimant, a member of the Respondent (Orange Democratic Movement), challenged his exclusion from the party list for the National Assembly due to lack of ethnic and regional diversity, and the lack of transparency in the nomination process.
Issues
- Ethnic and regional diversity in the party list
- Transparency in the nomination process
Reasoning
The Tribunal ruled that the party list did not comply with Article 90(2)(c) of the Constitution, which requires the list to reflect the ethnic and regional diversity of the country.
Outcome
The Claimant's complaint was allowed, and the Respondent was ordered to reconstitute the National Assembly Party List.
Orders
- A declaration that the party list does not reflect the ethnic and regional diversity of Kenya
- The Respondent to reconstitute the National Assembly Party List
- The Respondent to consider nominating the Claimant to the vacant slot
- Notification to IEBC
Remedies
- Reconstitution of the National Assembly Party List
- Nomination of the Claimant to the vacant slot
Authorities cited
Legislation (1)
- Article 90(2)(c) of the Constitution of Kenya 2010
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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