Josphat & another v Party of National Unity & another (Complaint E005 (MRU) of 2024) [2024] KEPPDT 508 (KLR) (5 August 2024) (Ruling)
- Court
- Public Procurement Tribunal
- Case number
- 508
- Citation
- [2024] KEPPDT 508 (KLR)
- Decided
- 5 August 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from original trial outcomeCoramHON. DESMA NUNGO, HON. STEPHEN MUSAU, HON. MUZNA JIN, HON. ABDIRAHMAN ADAN ABDIKADIR
Holding
The Tribunal’s jurisdiction is upheld, and the Notice of Preliminary Objection is overruled.
Facts
The 2nd Respondent filed a Notice of Preliminary Objection alleging lack of jurisdiction due to non-exhaustion of internal dispute resolution mechanism and procedural issues.
Issues
- Whether the Tribunal has jurisdiction to hear the matter
- Whether the 2nd Respondent is a necessary party
Reasoning
The Tribunal’s jurisdiction is established under Article 169(1)(d) of the Constitution of Kenya and Section 40 of the Political Parties Act, 2011.
Outcome
Appeal dismissed
Orders
- The Notice of Preliminary Objection is overruled
- Costs in the cause
Authorities cited
Legislation (2)
- Article 169(1)(d) of the Constitution of Kenya
- Section 40 of the Political Parties Act, 2011
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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