Kenyan case law

Mutua v Wiper Democratic Movement - Kenya & another (Complaint 43 (NRB) of 2017) [2017] KEPPDT 52 (KLR) (6 May 2017) (Judgment)

✦ The Tribunal found that the nomination exercise was irregular due to the sudden change of Returning Officers, delay in dispatch of voting materials, and other irregularities.

Kobado v Nyamita & another (Complaint 57(NRB) of 2017) [2017] KEPPDT 232 (KLR) (6 May 2017) (Ruling)

✦ The complaint is dismissed as the Complainant has no locus standi due to his status as an independent candidate.

Kiala & another v Wiper Democratic Movement - Kenya & 2 others (Complaint 40 of 2017) [2017] KEPPDT 85 (KLR) (5 May 2017) (Judgment)

✦ This Tribunal has jurisdiction to hear and determine the complaint.

Farah v Kanu National Elections Board & 2 others (Complaint 53(NRB) of 2017) [2017] KEPPDT 50 (KLR) (5 May 2017) (Judgment)

✦ The 3rd Respondent violated the Claimant's legitimate expectation of fair nominations and failed to inform him of the decision not to conduct any nomination exercise.

Omondi v Mbadi & 2 others (Complaint 42 of 2017) [2017] KEPPDT 219 (KLR) (5 May 2017) (Judgment)

✦ The Tribunal has jurisdiction to hear and determine the complaint.

Chepkut v Jubilee Party & another (Complaint 45 of 2017) [2017] KEPPDT 425 (KLR) (4 May 2017) (Judgment)

Chepkut v Jubilee Party & another (Complaint 45 of 2017) [2017] KEPPDT 80 (KLR) (4 May 2017) (Judgment)

✦ The Complaint is dismissed, and the decision of the NAT is affirmed with a fresh nomination exercise at Munyaka Primary School polling station within 48 hours.

Oyugi v Momanyi & another (Complaint 34 of 2017) [2017] KEPPDT 208 (KLR) (3 May 2017) (Judgment)

✦ The nomination exercise was not conducted in compliance with the law and is null and void.

Obanyi v Ondieki (Complaint 74 (NRB) of 2017) [2017] KEPPDT 73 (KLR) (2 May 2017) (Judgment)

✦ The complaint is dismissed with no orders as to costs.

Simon & another v Orange Democratic Movement (Complaint 30 (NRB) of 2017) [2017] KEPPDT 56 (KLR) (29 April 2017) (Judgment)

✦ The Claimants have not provided sufficient proof that the Respondent intends to conduct fresh primaries for the Lapur and Kaaleng/Kaikor Wards, and the Complaint fails as a consequence. The 1st and 2nd Claimants be hereby regarded as validly nominated, albeit provisionally, as the Respondent's party candidate for Lapur and Kaaleng/Kaikor Wards, respectively.

Njagi v Maimai & 2 others (Complaint 28 (NRB) of 2017) [2017] KEPPDT 393 (KLR) (29 April 2017) (Judgment)

✦ The claimant has failed to demonstrate that the nomination exercise by the Orange Democratic Movement for Kajiado East Parliamentary Seat conducted on the 18th April 2017 failed to comply with the provisions of the Article 10, 38, 83, and 91 of the Constitution.

Okinda v Asiba & 5 others (Complaint (NRB) 24 of 2017) [2017] KEPPDT 273 (KLR) (28 April 2017) (Judgment)

✦ The claimant was not given an opportunity to be heard, but the Party's IDRM complied with the Fair Administrative Act.

Denis Wafula Okinda v Linus Ouma Asiba & 5 others [2017] KEPPDT 37 (KLR)

✦ The claimant was not denied a fair hearing as he chose not to attend the hearing and did not challenge the judgment in his pleadings.

Nyangoya v Orange Democratic Movement & another (Complaint 26 (NRB) of 2017) [2017] KEPPDT 83 (KLR) (28 April 2017) (Judgment)

✦ The 2nd Respondent should be allowed to participate in the party primaries of the 1st Respondent for the position of a member of National Assembly (Starehe Constituency) unhindered.

Khabweri v Wanga & 2 others (Complaint 22 (NRB) of 2017) [2017] KEPPDT 54 (KLR) (28 April 2017) (Judgment)

✦ The tribunal has jurisdiction, service was not proper, and the County Appeals Tribunal was not properly constituted.

Hillary v Orange Democratic Movement (ODM) (Complaint 23 NRB) of 2017) [2017] KEPPDT 75 (KLR) (24 April 2017) (Ruling)

✦ The Tribunal allows the Application and grants the mandatory order to include the Applicant's name in the nomination list for the Parliament Aspirant for Suna East. The Respondent is ordered to include and gazette the inclusion of the Applicant in the list nominees for the Member of Parliament for Suna East. The Applicant shall also have the costs of this Application. The exercise in Suna East Constituency is postponed until 20th April 2017.

Musyoki v Anunda; Party of National Unity (Interested Party) (Complaint 14 of 2017) [2017] KEPPDT 55 (KLR) (22 April 2017) (Judgment)

✦ The Tribunal declared the meeting illegal, null and void, and ordered the Complainant's officials to vacate office.

Wilson Ongele Ochola v Orange Democratic Movement & 2 others [2017] KEPPDT 20 (KLR)

✦ The issuance of the nomination certificate to the 3rd Respondent was not lawful and is hereby declared null and void.

Gabriel Odongo Owidi v Geoffrey Otieno Opiyo & Orange Democratic Movement [2017] KEPPDT 31 (KLR)

✦ The Tribunal finds that the nomination exercise was peaceful and conducted in a free and fair manner, and the 1st Respondent, Geoffrey Otieno Opiyo, was duly declared the winner.

Hazel Nyamoki Katana v Jubilee Party National Elections Board & 3 others [2017] KEPPDT 34 (KLR)

✦ The Court finds that the dismissal of the appeal was procedurally unfair and dismisses the appeal.

Eunice Jerono Kimeiywa v Wesley Kirui Salat & another [2017] KEPPDT 30 (KLR)

✦ The Claimant's petition is dismissed as she has not satisfied the Tribunal that she was the duly nominated candidate for Member of the County Assembly, Visoi Ward, Rongai Constituency.