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Maina v Jubilee Party National Appeals Tribunal & 2 others (Complaint 232 of 2017) [2017] KEPPDT 388 (KLR) (At Nairobi) (11 May 2017) (Judgment)

[2017] KEPPDT 388 (KLR) Public Procurement Tribunal
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Court
Public Procurement Tribunal
Case number
388
Citation
[2017] KEPPDT 388 (KLR)
Decided
11 May 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal DismissedCoramKyalo Mbobu (Chairman), James Atema (Member), Hassan Abdi (Member)
Holding

The complaint is dismissed.

Facts

The complainant, an aspirant for Member of County Assembly for Kayole North Ward under the Jubilee Party, alleges that the nomination exercise by the 1st Respondent was marred by irregularities and that he was denied an opportunity to be a MCA Kayole ward candidate.

Issues

  1. Whether the nomination process was a sham and an abuse of the election and nomination process.
  2. Whether the complainant has established a prima facie case to challenge the 1st Respondent's decision to grant the 2nd Respondent the nomination certificate.

Reasoning

The tribunal finds the complainant's allegations to be mere allegations with no substantive evidence to warrant disturbing the 1st Respondent's decision. The complainant was not allowed to present evidence to show the nomination process was flawed.

Outcome

Appeal Dismissed

Orders

  • The Complaint dated 10th May, 2017 is dismissed.
  • No Orders as to costs.
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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