Karanja alias Karis v Nyumu & 7 others; Independent Electoral & Boundaries Commission (Amicus Curiae) (Complaint 59 (NRB) of 2017) [2017] KEPPDT 48 (KLR) (Civ) (8 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 48
- Citation
- [2017] KEPPDT 48 (KLR)
- Decided
- 8 May 2017
The nomination exercise was not free and fair, and the nomination certificate should not have been issued to anyone.
Facts
The Complainant was an aspirant for the seat of MCA for Ruai Ward, Kasarani Constituency. The 8th Respondent (IEBC) conducted the nominations and announced the 1st Respondent as the winner. The Complainant appealed and the Party Elections Appeals Tribunal allowed the appeal, stating the Returning Officer announced the Complainant as the winner.
Issues
- Whether it was reasonable for the 8th Respondent to amend the nomination certificate in favor of the 1st Respondent
Reasoning
The nomination process was marred by irregularities, including close family members conducting the exercise. The nomination certificate should not have been issued as the process was flawed.
Outcome
The Complainant's request for a restraining order and for a transparent nomination exercise was granted.
Orders
- Restraining the Jubilee Party from issuing a nomination certificate for the seat of Member of County Assembly for Ruai Ward, Kasarani Constituency
Remedies
- Transparent and democratic nomination exercise
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