Ongoro v Orange Democratic Movement & another (Complaint 55 of 2017) [2017] KEPPDT 70 (KLR) (16 June 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 70
- Citation
- [2017] KEPPDT 70 (KLR)
- Decided
- 16 June 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from the Special County Appeals TribunalCoramKyalo Mbobu (Chairperson), Hassan Abdi (Member), Dr. Adelaide Mbithi (Member)
Holding
The Tribunal finds that the Claimant is the bona fide nominee and that the nomination certificate granted to her should be upheld.
Facts
Jackline Atieno Ongoro and Basil Otieno Odero were candidates in the nomination exercise for Member of the County Assembly, Kanyasa Ward, Nyatike Constituency. The 2nd Respondent was declared the winner but had his win nullified due to electoral irregularities.
Issues
- Who is the bona fide nominee for the Member of the County Assembly, Kanyasa Ward, Nyatike Constituency?
- Does the Tribunal have jurisdiction to cancel the nomination certificate issued to the Claimant by the IEBC?
Reasoning
The Tribunal finds the Claimant's account credible and that there is not sufficient basis to justify the award of the nomination certificate to the 2nd Respondent.
Outcome
The Tribunal orders that the Claimant is the bona fide nominee and that the nomination certificate granted to her be upheld.
Orders
- That the Claimant is the bona fide nominee for Kanyasa Ward, Nyatike Constituency.
- That the nomination certificate granted to the Claimant be and is hereby upheld.
- That notification do issue to the IEBC.
- That each party bears its own costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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