Owidi v Opiyo & another (Complaint 286 (NRB) of 2017) [2017] KEPPDT 405 (KLR) (25 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 405
- Citation
- [2017] KEPPDT 405 (KLR)
- Decided
- 25 May 2017
The Tribunal finds that the 1st Respondent was duly declared the winner of the nomination exercise and the Claimant has failed to convince the Tribunal that he is the party's nominee for the said position.
Facts
The Claimant, Gabriel Odongo Owidi, contested the nomination of Geoffrey Otieno Opiyo as the 2nd Respondent's nominee for the position of Member of County Assembly, South Kasipul Ward, Kasipul Constituency, Homa Bay County. The 1st Respondent, Geoffrey Otieno Opiyo, was declared the winner of the nomination exercise.
Issues
- Whether the nomination exercise was marred with irregularities
- Whether the Claimant should be gazetted as the 2nd Respondent's nominee
Reasoning
The IDRM proceedings did not benefit from the evidence of the Returning Officer, and the IDRM did not consider the evidence and testimony of the 1st Respondent. The Returning Officer declared the 1st Respondent as the winner, supported by polling results forms and tallying sheets.
Outcome
Appeal Dismissed
Orders
- Application dated 18th May 2017 dismissed with no orders as to costs
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