Kenyan case law
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Njenga v Mutungi & another (Complaint 234 of 2017) [2017] KEPPDT 246 (KLR) (17 May 2017) (Judgment)
✦ The Tribunal orders that the Claimant's case be allowed, the 2nd Respondent be restrained from issuing the final nomination certificate, and the ballots for Kwa Reuben and Maendeleo Wards be tallied.
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Onkangi v Amani National Congress Party & another (Complaint 233A of 2017) [2017] KEPPDT 97 (KLR) (17 May 2017) (Judgment)
✦ The nomination process was not free, fair and credible, and the correct methodology for determining the nominee is through a party primary process.
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Oluoch v Muganda & 2 others (Complaint 127 of 2017 & Claim 152 of 2017 (Consolidated)) [2017] KEPPDT 424 (KLR) (17 May 2017) (Ruling)
✦ The application is dismissed with costs to the Respondent/Complainant - Wilfred Odalo Oluoch.
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Onkangi v Amani National Congress Party & another (Complaint 233B of 2017) [2017] KEPPDT 375 (KLR) (17 May 2017) (Judgment)
✦ The nomination process was not free, fair and credible, and the correct methodology is through a party primary process
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Ochieng v Mbogo & 2 others (Complaint 246 (NRB) of 2017) [2017] KEPPDT 395 (KLR) (17 May 2017) (Judgment)
✦ The nomination exercises were conducted in accordance with the laid down procedures and rules. The results being declared by a stranger did not affect the outcome of the results.
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Nyamuthe v Orange Democratic Movement & another (Complaint 69 (NRB) of 2017) [2017] KEPPDT 211 (KLR) (17 May 2017) (Judgment)
✦ The nomination of the 2nd Respondent, Dr. Lilian Gogo, as the 1st Respondent's nominee for the position of the Member of the National Assembly for Rangwe Constituency is hereby nullified.
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Omondi v Orange Democratic Movement; Arao (Interested Party) (Complaint 251 of 2017) [2017] KEPPDT 316 (KLR) (At Nairobi) (17 May 2017) (Judgment)
✦ The Tribunal holds that the Respondent has not justified its decision to deny the Claimant a nomination certificate and must issue a certificate within 24 hours
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Ondiek v Orange Democratic Movement & another (Complaint 276 of 2017) [2017] KEPPDT 88 (KLR) (17 May 2017) (Judgment)
✦ The Tribunal finds the complaint lacks merit and dismisses it.
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Ali v National Elections Board, ODM Party (Complaint 258 of 2017) [2017] KEPPDT 244 (KLR) (17 May 2017) (Judgment)
✦ The Tribunal finds in favor of the Complainant and orders the NEB to submit the Complainant's name for gazettement.
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Omondi & another v Orange Democratic Party & another (Complaint 171 of 2017) [2017] KEPPDT 229 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal upholds the 1st Respondent's NAT decision and orders a repeat of the nomination process within 48 hours.
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Chapia v Orange Democratic Movement & another (Complaint 237 of 2017) [2017] KEPPDT 203 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal finds that the nomination was valid as the claimant was involved in negotiations with the party leader and the 2nd Respondent to have Sifuna as the party's nominee.
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Otuge v Orange Democratic Movement Party & 3 others (Complaint 203 (NRB) of 2017) [2017] KEPPDT 310 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal orders that the Claimant's case be allowed with respect to prayer (b). The Respondent is restrained from issuing the final nomination certificate to any person for the position of the Member of County Assembly, Kolwa East Ward, Kisumu County. The Respondent is ordered to conduct fresh nominations within 48 hours of this judgment.
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Seneta v Jubilee Party National Appeals Tribunal & 2 others (Complaint 226 (NRB) of 2017) [2017] KEPPDT 384 (KLR) (16 May 2017) (Judgment)
✦ The nomination process was not free, fair and credible due to irregularities in St. Monica and G.K Prison polling stations. The results from these stations were not tallied.
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Okeyo v Orange Democratic Movement & another (Complaint 153 of 2017) [2017] KEPPDT 205 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal dismissed the complaint and upheld the issuance of the final nomination certificate to the 2nd Respondent.
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Waweru v Waweru & another (Complaint 151 of 2017) [2017] KEPPDT 214 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal finds no evidence to support the allegations of irregularities and dismisses the complaint.
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Ojwang v Orange Democratic Movement & another (Complaint 247 of 2017) [2017] KEPPDT 254 (KLR) (16 May 2017) (Judgment)
✦ The complaint is dismissed with no order as to costs.
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Were v Chemutai & 2 others (Complaint 190 of 2017) [2017] KEPPDT 309 (KLR) (16 May 2017) (Judgment)
✦ The NAT decision is set aside, and the matter is remitted to the 2nd and 3rd Respondents for finalization of the nomination process in accordance with the Party's Elections and Nomination Rules. A re-tallying is ordered within 24 hours of this judgment.
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Okoth v Orange Democratic Movement Party & 2 others; Omondi & another (Interested Parties) (Complaint 205 of 2017) [2017] KEPPDT 100 (KLR) (16 May 2017) (Judgment)
✦ The Claimant's case is dismissed, and the 1st Respondent is restrained from issuing final nomination certificates to any person for the position of Member of County Assembly, Kolwa Central Ward, Kisumu County.
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Wanyoro v Mbono & another; Independent Electoral Boundaries Commission (Amicus Curiae) (Complaint 228 of 2017) [2017] KEPPDT 96 (KLR) (16 May 2017) (Judgment)
✦ The nominations were not free and fair, and the decision of the 2nd Respondent's Appeals Tribunal in appeal number 438 of 2017 was null and void.
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Orenge v Orange Democratic Movement & another (Complaint 134 of 2017) [2017] KEPPDT 42 (KLR) (16 May 2017) (Judgment)
✦ The Tribunal finds that the nomination process was not credible and accurate, and the final nomination certificate to the 2nd Respondent is null and void.
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Maina v Jubilee Party National Appeals Tribunal & 2 others (Complaint 232 of 2017) [2017] KEPPDT 225 (KLR) (16 May 2017) (Judgment)
✦ The complaint is dismissed as the complainant has not established a prima facie case regarding the flawed nomination process.
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Lutta v Jubilee Party; Wasiche (Interested Party) (Complaint 213 (NRB) of 2017) [2017] KEPPDT 312 (KLR) (16 May 2017) (Judgment)
✦ The Respondent's decision to award a direct nomination was not lawful, reasonable, or procedurally fair, and is null, void, and of no effect in law.
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Gatumbi v Jubilee Party & another; Mugo (Interested Party) (Complaint 170 of 2017) [2017] KEPPDT 87 (KLR) (15 May 2017) (Judgment)
✦ The appeal is annulled, and a fresh nomination exercise is ordered
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Ochieng & another v Orange Democratic Movement & 2 others (Complaint 191 & 235 of 2017 (Consolidated)) [2017] KEPPDT 258 (KLR) (15 May 2017) (Judgment)
✦ The 1st Respondent's nominations were not free, fair, and credible, and the 1st Respondent's Special County Appeals Tribunal lacked jurisdiction to issue the final nomination certificate.
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Akuk Mo v Orange Democratic Movement & 2 others; Kaparo (Interested Party) (Complaint 158 of 2017) [2017] KEPPDT 298 (KLR) (15 May 2017) (Judgment)
✦ The 1st Respondent did not conduct free and fair nominations for the position and is ordered to conduct a fresh exercise within 48 hours of this judgment.