Ngangu v Orange Democratic Movement & another (Complaint 167 (NRB) of 2017) [2017] KEPPDT 61 (KLR) (15 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 61
- Citation
- [2017] KEPPDT 61 (KLR)
- Decided
- 15 May 2017
The nomination certificate issued to the 2nd Respondent is declared null and void and set aside. The NEB is ordered to abide by the special County Appeals Tribunal ruling and determine the Party nominee for Embakasi West Constituency National Assembly seat.
Facts
The Complainant, James Munyi Ngangu, was one of the aspirants for the Member of Parliament for Embakasi West Constituency. The 2nd Respondent, Tom Onyango Agimba, was awarded the interim nomination certificate by the ODM National Elections Board (NEB) on 3rd May, 2017, despite losing the appeal with the Special CAT on 4th May, 2017.
Issues
- Whether the award of the nomination certificate to the 2nd Respondent was done in accordance with the law and/or decision of the Special County Appeals Tribunal decision.
- Appropriate reliefs.
Reasoning
The nomination certificate was issued after the CAT decision was still pending, which was illegal. The nomination exercise was annulled by the CAT, and a fresh process was ordered, but the NEB did not follow this order.
Outcome
The claim is allowed.
Orders
- Compelling the NEB to abide by the special County Appeals Tribunal ruling.
- Directing the NEB to determine the Party nominee for Embakasi West Constituency National Assembly seat.
- Directing the NEB to determine the Party nominee in a manner compatible with the Party constitution, Elections and Nomination Rules.
- Each party to bear its own costs.
Remedies
- Declaration of nullity and set aside of the nomination certificate.
- Order for the NEB to abide by the CAT ruling.
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