Bett v United Democratic Alliance; Independent Electoral and Boundaries Commission (Interested Party) (Miscellaneous Application E001 (NRB) of 2022) [2022] KEPPDT 973 (KLR) (Civ) (11 September 2022) (Ruling)

Facts

Ann Jepleting Bett is a registered member of the United Democratic Alliance (UDA) party. She applied to be considered for nomination for the position of Member of County Assembly for Nandi County Assembly under the Gender Top Up List Category. Her name was published in the Standard Newspaper on July 27, 2022, but was later omitted from a list submitted to the Independent Electoral and Boundaries Commission (IEBC). She filed a complaint with the Respondent's Electoral and Nomination Dispute Resolution Committee (EDRC), which ruled in her favor.

Issues

1. Does the Tribunal have jurisdiction to entertain this Complaint and grant the orders as framed?
2. Does the Tribunal have jurisdiction to entertain this Complaint and grant the orders as framed?

Reasoning

The Tribunal is guided by the principle that a court of law downs tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction. The dispute falls within the jurisdiction of the Tribunal as per Section 40(1) of the Political Parties Act. However, the Respondent's EDRC must be given an opportunity to use the Party's Internal Dispute Resolution Mechanism (IDRM) before the Tribunal's jurisdiction can be invoked.

Outcome

The Tribunal has jurisdiction to entertain the Complaint and grant the orders as framed.

Authorities cited