Kenyan case law
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Nkanyama v Orange Democratic Party of Kenya & another (Complaint 220 (NRB) of 2017) [2017] KEPPDT 422 (KLR) (11 May 2017) (Judgment)
✦ The Tribunal finds in favor of the 2nd Respondent, dismissing the Complainant's Notice of Motion with no order as to costs
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Phiri v Orange Democratic Movement & 2 others (Complaint 150 of 2017) [2017] KEPPDT 392 (KLR) (10 May 2017) (Judgment)
✦ The nomination exercise for Member of the County Assembly, Embakasi Ward was free and fair
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Achayo v Orange Democratic Movement County Appeal Tribunal & 2 others (Complaint 98 of 2017) [2017] KEPPDT 76 (KLR) (10 May 2017) (Judgment)
✦ The decision of the Siaya County Appeals Tribunal is upheld.
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Gumo v Amani National Congress & another; Shilibwa & another (Interested Parties) (Complaint (NRB) 29 of 2017) [2017] KEPPDT 256 (KLR) (10 May 2017) (Judgment)
✦ The application is dismissed with no order as to costs.
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Ndungu v Wanjiku & another (Complaint 56 (NRB) of 2017) [2017] KEPPDT 206 (KLR) (10 May 2017) (Judgment)
✦ We will not disturb the Party’s IDRM decision. We hereby dismiss the Notice of Motion and the Statement of Claim, and vacate our interim orders.
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Werunga v Forum for the Restoration of Democracy- Kenya & another (Complaint 97 of 2017) [2017] KEPPDT 212 (KLR) (10 May 2017) (Judgment)
✦ The claim is dismissed with no order as to costs.
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Zani v Boy & another (Complaint 80 of 2017) [2017] KEPPDT 386 (KLR) (At Nairobi) (10 May 2017) (Judgment)
✦ The PPDT dismissed the claimant's request to be issued with the Certificate of Nomination as the nomination process was irregular and the claimant failed to persuade the PPDT on the issue.
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Omondi v Orange Democratic Party of Kenya; Were (Interested Party) (Complaint 212 of 2017) [2017] KEPPDT 264 (KLR) (10 May 2017) (Judgment)
✦ The Complainant's claim is upheld, and the Complainant is ordered to be issued a final nomination certificate.
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Oricho & another v Orange Democratic Movement Party of Kenya & 5 others (Complaint 60 & 78 of 2017 (Consolidated)) [2017] KEPPDT 243 (KLR) (10 May 2017) (Judgment)
✦ The Complaint No. 60 of 2017 is dismissed. The decision of the 1st Respondent's National Appeals Tribunal is affirmed. The withdrawal of the provisional nomination certificate issued to Nicholas Odongo Oricho is upheld. The 1st Respondent's National Election Board is directed to determine the Party nominee for Member of National Assembly for Kisumu East Constituency in a manner consistent with its constitution, Election and Nomination Rules.
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Musyoka v Wiper Democratic Movement Kenya NEB & 2 others (Complaint 120 (NRB) of 2017) [2017] KEPPDT 235 (KLR) (10 May 2017) (Judgment)
✦ The complaint is dismissed with no orders
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Oganga v Orange Democratic Movement & another (Complaint 99 of 2017) [2017] KEPPDT 209 (KLR) (10 May 2017) (Judgment)
✦ The IDRM process was carried out in accordance with the party constitution and the resultant decision was not challenged within the timelines stipulated in the party constitution, so the Tribunal upholds the IDRM decision.
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Obia v Orange Democratic Movement & another (Complaint 214 of 2017) [2017] KEPPDT 389 (KLR) (10 May 2017) (Judgment)
✦ The Claimant is entitled to be the 1st Respondent's nominee for the position of Member of County Assembly, Woodley Ward in the upcoming general elections.
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Tasur v Konchella & another (Complaint 81 of 2017) [2017] KEPPDT 47 (KLR) (10 May 2017) (Ruling)
✦ The Tribunal upholds the IDRM decision and finds no reason to disturb it.
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Joseph Ouma Ndonji v Kingsley Wellington Odida & 2 others [2017] KEPPDT 21 (KLR)
✦ The Complainant's complaint is merited, and the 3rd Respondent is ordered to issue the nomination certificate to the Complainant.
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Akunga & 4 others v Jubilee Party of Kenya; Obure & 3 others (Interested Parties) (Complaint 122 (NRB), 123 (NRB), 128 (NRB) & 129 (NRB) of 2017 (Consolidated)) [2017] KEPPDT 226 (KLR) (10 May 2017) (Judgment)
✦ We partially allow the complaints and make the following orders.
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Nyaribo v Wiper Party & another (Complaint 109 (NRB) of 2017) [2017] KEPPDT 65 (KLR) (Civ) (10 May 2017) (Judgment)
✦ The nomination exercise at Itibo polling station was not found to be free and fair, and the Complainant is not entitled to the reliefs sought.
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Kudate v Bernard & another (Complaint 75 (NRB) of 2017) [2017] KEPPDT 69 (KLR) (9 May 2017) (Judgment)
✦ The decision of the Jubilee Party Appeals Tribunal dated 30th April 2017 is upheld, and the Statement of Claim is dismissed with no order as to costs.
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Mireri v Orange Democratic Party of Kenya & another (Complaint 83 of 2017) [2017] KEPPDT 247 (KLR) (9 May 2017) (Judgment)
✦ The complaint has merit, and the Complainant, John Matunga Mireri, is the duly elected nominee for the party.
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Ayiecho Olweny v James Onyango K’oyoo & another [2017] KEPPDT 17 (KLR)
✦ The Complainant’s allegations of irregularities during the nomination process are unsubstantiated, and the Complainant has not persuaded this Tribunal that he is deserving of the claims sought in his statement of claim.
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Okwirry v Orange Democratic Movement & another (Complaint 67 of 2017) [2017] KEPPDT 281 (KLR) (9 May 2017) (Judgment)
✦ The Complaint is dismissed with no order as to costs.
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Okwirry v Orange Democratic Movement; Ochieng (Interested Party) (Complaint 90 (NRB) of 2017) [2017] KEPPDT 66 (KLR) (9 May 2017) (Judgment)
✦ The nomination exercise was inconclusive and incapable of determining a winner. The National Election Board of the party is responsible for deciding the way forward.
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Anyanga v Orange Democratic Movement Party (Complaint 104 (NRB) of 2017) [2017] KEPPDT 401 (KLR) (9 May 2017) (Judgment)
✦ The Respondent's failure to conduct the fresh nomination exercise is unjustified and flies on the face of constitutional provisions.
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Anyanga v Orange Democratic Movement Party (Complaint 104 of 2017) [2017] KEPPDT 202 (KLR) (9 May 2017) (Judgment)
✦ The Respondent's failure to conduct the fresh nomination exercise is unjustified and flies on the face of constitutional provisions on the right to political choice.
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Palapala v Oanya & another (Complaint 161 of 2017) [2017] KEPPDT 419 (KLR) (9 May 2017) (Judgment)
✦ The applicant is not the legitimate nominee of the 1st Respondent.
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Soro v Orange Democratic Movement & another (Complaint 230 (NRB) of 2017) [2017] KEPPDT 315 (KLR) (9 May 2017) (Judgment)
✦ The Tribunal orders the 1st Respondent to issue the Complainant with the final Nomination Certificate as its nominee for the position of Member of County Assembly in Wiga Ward, Suna West Constituency.