Otuge & 7 others v CEO/Executive Director, Orange Democratic Movement Party & 7 others (Complaint E005 (KSM) of 2024) [2025] KEPPDT 8 (KLR) (26 February 2025) (Judgment)
- Court
- Public Procurement Tribunal
- Case number
- 8
- Citation
- [2025] KEPPDT 8 (KLR)
- Decided
- 26 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePolitical Parties DisputesPostureAppeal from a previous decisionCoramHON. DESMA NUNGO, HON. ABDIRAHMAN ABDIKADIR, HON. THERESA CHEPKWONY
Holding
The complaints in the Amended Complaint are struck out for want of jurisdiction. The contents of the Report on Disputes in Kisumu East and Rongo Party Branches are quashed.
Facts
The Complainants were elected members of the O.D.M. Kisumu East Branch who filed a complaint alleging illegal removal from their positions and irregular grassroot elections. The Respondents are the CEO/Executive Director, O.D.M. Party, and other party members.
Issues
- Whether the Tribunal has jurisdiction to entertain the matter.
- Whether the Complainants were legally removed from their positions.
- Whether the grassroot elections were conducted in accordance with the law.
Reasoning
The Tribunal found that the Complainants did not comply with Section 40(2) of the Political Parties Act by not subjecting the dispute to the party's internal dispute resolution mechanisms.
Outcome
The complaints are dismissed, and the Report is quashed.
Orders
- The complaints in the Amended Complaint are struck out.
- The contents of the Report on Disputes in Kisumu East and Rongo Party Branches are quashed.
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Political Parties Act
Cases cited (2)
- Phoenix of E.A Assurance Company Limited v S. M. Thiga t/a Newspaper Service
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others
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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