Kitheka v Mauti & another (Complaint 293 of 2017) [2017] KEPPDT 394 (KLR) (8 June 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 394
- Citation
- [2017] KEPPDT 394 (KLR)
- Decided
- 8 June 2017
The Tribunal finds that the letter in question did not constitute a withdrawal from the nomination exercise by the 1st Respondent and that the 1st Respondent is the party's duly elected nominee for the position of MCA, Majoge Basi Ward.
Facts
The 1st Respondent, Dennis Nyamboga Mauti, was the winner of the nomination exercise for the position of Member of County Assembly in Majoge Basi Ward, Bomachoge Chache Constituency, Kisii County. However, the 2nd Respondent, Jubilee Party, forwarded the 1st Respondent's name to IEBC despite the 1st Respondent's withdrawal from the race.
Issues
- whether the Claimant is the duly elected nominee for the position of Member of County Assembly Majoge Basi Ward, Bomachoge Chache Constituency, Kisii County
- what reliefs should be granted, if any.
Reasoning
The Tribunal considers the evidence and the submissions of all parties, concluding that the letter did not constitute a withdrawal and that the 1st Respondent was the winner of the nomination exercise.
Outcome
The complaint is dismissed with no orders.
Loading judgment…