Ouma v Okiri & another (Complaint 160 of 2017) [2017] KEPPDT 39 (KLR) (12 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 39
- Citation
- [2017] KEPPDT 39 (KLR)
- Decided
- 12 May 2017
The Tribunal dismisses the Claimant's complaint for want of jurisdiction.
Facts
The Claimant disputes the issuance of a nomination certificate to the 1st Respondent for the Kisumu West Ward position due to the 1st Respondent not being a member of the 2nd Respondent at the time of the party primaries. The 2nd Respondent’s Special County Appeals Tribunal ruled that the 1st Respondent was not a member and that the nomination process was marred with irregularities.
Issues
- Whether the Tribunal has jurisdiction to entertain the claim considering the Claimant was not a party to the proceedings filed by John Jacob Ngasi before the 2nd Respondent's Special County Appeals Tribunal.
- Whether the Claimant's complaint is sufficient to warrant the assumption of jurisdiction by the Tribunal.
Reasoning
The Tribunal holds that it lacks jurisdiction due to the Claimant not being a party to the proceedings filed by John Jacob Ngasi before the 2nd Respondent's Special County Appeals Tribunal, and the Claimant did not exhaust the internal disputes resolution mechanism within his political party.
Outcome
The Claimant's complaint is dismissed.
Orders
- The Claimant's complaint be and is hereby dismissed for want of jurisdiction.
- No orders as to costs.
Authorities cited
Legislation (2)
- Political Parties Act
- Section 40 (2)
Cases cited (1)
- Hezron J. Opiyo and Another vs. Peter Anyang' Nyong'o and 4 Others PPDT Complaint No. 47 of 2017
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