Talib v Wiper Democratic Movement – Kenya & 2 others; Wambua & another (Interested Parties) (Complaint E099 (NRB) of 2022) [2022] KEPPDT 984 (KLR) (Constitutional and Human Rights) (29 July 2022) (Ruling)
- Court
- Public Procurement Tribunal
- Case number
- 984
- Citation
- [2022] KEPPDT 984 (KLR)
- Decided
- 29 July 2022
The Tribunal finds that the Complainant's attempt to invoke the internal political party dispute resolution mechanisms was not timely, thus the Tribunal does not have jurisdiction to hear the dispute.
Facts
The Complainant, Abubakar Ahmed Talib, raised concerns about the Respondents (Wiper Democratic Movement – Kenya and the Independent Electoral & Boundaries Commission) authorizing the 2nd Interested Party to implement a decision reached through an unlawful process.
Issues
- whether the Tribunal has jurisdiction to hear the dispute
- whether the interim orders are warranted
- who should bear the costs of the application
Reasoning
The Tribunal notes that the wording of section 40(2) of the Political Parties Act requires a party to the dispute to adduce evidence of an attempt to subject to the internal political party dispute resolution mechanisms. The Complainant's attempt was deemed perfunctory and not timely.
Outcome
The Tribunal dismissed the application and did not issue interim orders.
Orders
- Interim order by way of an injunction was not issued
Remedies
- None
Authorities cited
Legislation (3)
- Political Parties Act
- Elections Act
- Civil Procedure Act
Loading judgment…