Njagi v Maimai & 2 others (Complaint 28 (NRB) of 2017) [2017] KEPPDT 393 (KLR) (29 April 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 393
- Citation
- [2017] KEPPDT 393 (KLR)
- Decided
- 29 April 2017
The claimant has failed to demonstrate that the nomination exercise by the Orange Democratic Movement for Kajiado East Parliamentary Seat conducted on the 18th April 2017 failed to comply with the provisions of the Article 10, 38, 83, and 91 of the Constitution.
Facts
The complainant alleged that the nomination process for the Kajiado East Constituency was marred with irregularities, including the cancellation of the process and the mis-match of voters' registers.
Issues
- Whether the complainant has made a case to warrant a repeat of the nomination process for Member of Parliament of Kajiado East Constituency.
- Whether the complainant has proven the irregularities affected the entire results of the polling stations within Kajiado East Constituency to warrant the nullification of the nomination exercise within the entire constituency.
Reasoning
The Tribunal found that the complainant's allegations were more general and did not explain how the irregularities affected the results. The Tribunal also noted that the complainant's evidence was not cross-examined.
Outcome
The judgment and consequential orders of the Orange Democratic Movement National Appeals Tribunal in NAT Appeal No. 11 of 2017 are upheld in its totality.
Orders
- The judgment and consequential orders of the Orange Democratic Movement National Appeals Tribunal in NAT Appeal No. 11 of 2017 are upheld in its totality.
Authorities cited
Legislation (1)
- Article 10, 38, 83, and 91 of the Constitution
Cases cited (1)
- Raila Odinga v. Independent Electoral Boundaries Commission & Others, Supreme Court Election Petition No. 5 of 2013
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