Noor v Jubilee Party & another (Complaint 244 of 2017) [2017] KEPPDT 95 (KLR) (19 May 2017) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 95
- Citation
- [2017] KEPPDT 95 (KLR)
- Decided
- 19 May 2017
The nomination exercise is incapable of determining a winner and the Tribunal intervenes to promote political party democracy.
Facts
The Complainant alleged irregularities in the nomination exercise for the position of Member of National Assembly, Nyali Constituency, Mombasa County, including failure to conduct voting at two polling stations and incomplete register. The 2nd Respondent admitted to some irregularities but denied non-attendance of the Complainant's appeal.
Issues
- Whether the nomination exercise was in accordance with the 1st Respondent's Constitution and Nomination Rules
Reasoning
Irregularities were admitted by both parties, and no provisional nomination certificate or tally sheets were provided. The Tribunal finds the exercise invalid and orders a fresh nomination exercise.
Outcome
The 1st Respondent is ordered to conduct a fresh nomination exercise and the existing certificate is nullified.
Orders
- Conduct a fresh nomination exercise
- Nullify the existing certificate
- Notify the Independent & Electoral Boundaries Commission
Remedies
- A fresh nomination exercise
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