Marube v Jubilee Party & another (Complaint 146 of 2017) [2017] KEPPDT 78 (KLR) (25 May 2017) (Ruling)
- Court
- Public Procurement Tribunal
- Case number
- 78
- Citation
- [2017] KEPPDT 78 (KLR)
- Decided
- 25 May 2017
The application for review is granted, and the applicant is declared the duly nominated candidate for South Mugirango Parliamentary Seat under the Jubilee ticket.
Facts
Zablon Rashid Minyonga was declared a Jubilee Party candidate for South Mugirango Parliamentary Seat on 28th April, 2017. However, the Tribunal declined to issue him with a nomination certificate due to lack of sufficient evidence.
Issues
- Whether a sufficient case has been made to warrant reviewing the Tribunal's Ruling
Reasoning
The Tribunal found new evidence in the form of a declaration form and affidavit from the Returning Officer, which declared the applicant as the winner. The Tribunal granted the review due to the new evidence and the lack of due diligence by the Respondents.
Outcome
The applicant is declared the duly nominated candidate, and the nomination certificate is issued to him.
Orders
- Declaration of the applicant as the duly nominated candidate
- Issue of the nomination certificate to the applicant
- Recall and revocation of the nomination certificate for the 2nd respondent
- Mandatory injunction against the 1st respondent to not issue a nomination certificate to the 2nd respondent
Remedies
- Nomination certificate for the applicant
- Recall and revocation of the nomination certificate for the 2nd respondent
Authorities cited
Legislation (2)
- Political Parties Act, 2011
- Evidence Act
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