Nyaribo v Wiper Party & another (Complaint 109 (NRB) of 2017) [2017] KEPPDT 65 (KLR) (Civ) (10 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 65
- Citation
- [2017] KEPPDT 65 (KLR)
- Decided
- 10 May 2017
The nomination exercise at Itibo polling station was not found to be free and fair, and the Complainant is not entitled to the reliefs sought.
Facts
The Complainant, Isaiah Osoro Nyaribo, contested the nomination exercise for Member of the National Assembly, North Mugirango Constituency, Nyamira County, held on 23 April 2017. The 1st Respondent, Wiper Party, was one of the candidates. The results from some polling stations, particularly Itibo and Bomwagamo, were disputed and set aside by the presiding officers.
Issues
- Whether the nomination exercise was free and fair
- Whether the Complainant is entitled to the prayers sought
Reasoning
The Claimant did not provide evidence to support his allegations of irregularities, and the Tribunal found that the nomination exercise was free and fair. The Tribunal also found that the Complainant's grievances were not justified.
Outcome
The Amended Statement of Claim is dismissed, and each party bears their own costs.
Orders
- The Amended Statement of Claim dated 8 May 2017 fails.
- Each party bears its own costs.
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