Maranga v Orange Democratic Movement Party & 2 others (Tribunal Case E011 (NRB) of 2022) [2022] KEPPDT 1052 (KLR) (3 May 2022) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 1052
- Citation
- [2022] KEPPDT 1052 (KLR)
- Decided
- 3 May 2022
We allow the complaint; we hereby annul the Nomination of the 3rd Respondent; and order that the 1st and 2nd Respondent shall conduct a fresh nomination exercise for Gesusu Ward, Kisii county within 48 hours of this order; not later than 4th May 2022; the nomination shall be by universal suffrage, unless all the candidates agree to some other method.
Facts
The Complainant challenged the issuance of a direct nomination ticket to the 3rd Respondent as the Candidate for the Member of County Assembly for Gesusu Ward, Kisii County, arguing that there was no consensus or opinion poll among the candidates.
Issues
- Whether this Tribunal has the jurisdiction to hear and determine this matter?
- Whether the Direct Nomination was conducted in substantial compliance with the law?
- Who bears the costs of this proceedings?
Reasoning
The Tribunal dismissed the appeal as premature due to the National Elections Board not concluding its process of identifying candidates. The Tribunal then ruled that the nomination was not in compliance with the law and ordered a fresh nomination.
Outcome
The Tribunal annulled the nomination of the 3rd Respondent and ordered a fresh nomination exercise.
Orders
- We allow the complaint
- We hereby annul the Nomination of the 3rd Respondent
- We order that the 1st and 2nd Respondent shall conduct a fresh nomination exercise for Gesusu Ward, Kisii county within 48 hours of this order; not later than 4th May 2022
- The nomination shall be by universal suffrage, unless all the candidates agree to some other method.
Remedies
- Annulment of the Nomination of the 3rd Respondent
- Order for a fresh nomination exercise
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd –vs.- West End Distributors Ltd (1969) EA 696
- R v. Karisa Chengo (2017) eKLR
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