Kenyan case law

Kitheka v Mauti & another (Complaint 293 of 2017) [2017] KEPPDT 394 (KLR) (8 June 2017) (Judgment)

✦ The Tribunal finds that the letter in question did not constitute a withdrawal from the nomination exercise by the 1st Respondent and that the 1st Respondent is the party's duly elected nominee for the position of MCA, Majoge Basi Ward.

Dennis v Amani National Congress Party & another (Complaint (NRB) 300 of 2017) [2017] KEPPDT 261 (KLR) (8 June 2017) (Judgment)

✦ The Tribunal finds that the Claimant has not satisfied that he was the duly nominated candidate for Member of the County Assembly, Matayos South Ward.

Ali v National Election Board , ODM & another (Complaint 258 of 2017) [2017] KEPPDT 408 (KLR) (6 June 2017) (Ruling)

✦ The Tribunal allowed the 2nd Respondent's application and ordered the 1st Respondent to initiate a fresh process of determining its nominee for the position of Member of County Assembly for Galbet Ward, Garissa Township Constituency, Garissa County.

Joseph Ibrahim Musyoki v Wiper Democratic Movement-Kenya & another [2017] KEPPDT 36 (KLR)

✦ The impugned decision dated 8th May, 2017 was made without hearing the complainant and is hereby set aside. The 1st Respondent's decision and the nomination certificate issued to the 2nd Respondent are null and void.

Ogutu & another v Orange Democratic Movement Party & 5 others (Complaint 200 of 2017) [2017] KEPPDT 24 (KLR) (2 June 2017) (Judgment)

✦ The Tribunal has jurisdiction to hear and determine the dispute and to apply or interpret the Constitution in the limited context of political party disputes.

Osimbo v Orange Democratic Movement - Kenya & 2 others; Kodera & another (Interested Parties) (Complaint 304 of 2017) [2017] KEPPDT 423 (KLR) (2 June 2017) (Judgment)

✦ The Tribunal finds it has no jurisdiction to hear and determine the complaint due to the Claimant's failure to exhaust the 1st Respondent's IDRM before approaching the Tribunal.

Were v Chemutai & 3 others (Complaint (NRB) 190 of 2017) [2017] KEPPDT 252 (KLR) (2 June 2017) (Ruling)

✦ The Tribunal has jurisdiction to punish for contempt, but the retallying was not done as ordered and is therefore null and void.

Musyoki v Wiper Democratic Movement-Kenya & another (Complaint (NRB) 261 of 2017) [2017] KEPPDT 250 (KLR) (2 June 2017) (Judgment)

✦ The impugned decision dated 8th May, 2017 is set aside as it was made without hearing the complainant. The 1st Respondent's decision and nomination certificate are declared null and void.

Ndunda v Jubilee Party; Kimani (Interested Party) (Complaint 299 (NRB) of 2017) [2017] KEPPDT 390 (KLR) (2 June 2017) (Judgment)

✦ The Claimant's complaint is dismissed as he failed to serve the Respondents as ordered.

Ken Numbers Kanini Kiagiri alias Kenneth Kanini Kiagiri v Jubilee Party thro the National Elections Board & 2 others [2017] KEPPDT 28 (KLR)

✦ The Complainant was likely to be, and in fact was, prejudiced by the mistake in his name, and the error affected the outcome of the nominations.

Duncan Ochieng’ Oluoch & another v Orange Democratic Movement & another [2017] KEPPDT 25 (KLR)

✦ The Claimants’ case is dismissed as they failed to serve the Respondents as ordered and no justifiable excuse was given.

Kiagiri formely Kenneth Kanini Kiagiri v Jubilee Party & 2 others (Complaint 260 of 2017) [2017] KEPPDT 382 (KLR) (At Nairobi) (2 June 2017) (Judgment)

✦ The Complainant was prejudiced by the mistake in his name, and the court ordered a recount and a fresh nomination exercise.

Mbuthi v Jubilee Party & another (Complaint 305 (NRB) of 2017) [2017] KEPPDT 215 (KLR) (2 June 2017) (Judgment)

✦ The Tribunal dismissed the Complainant's case.

Mutua v Wiper Democratic Movement & another (Complaint 306 of 2017) [2017] KEPPDT 402 (KLR) (At Nairobi) (2 June 2017) (Judgment)

✦ The Tribunal dismissed the complaint with no orders made.

Kamau & another v Jubilee Party & 3 others (Complaint (NRB) 10 of 2017) [2017] KEPPDT 301 (KLR) (2 June 2017) (Judgment)

✦ We allow this Complaint and make the following orders: (a) The Complainants were not accorded a fair hearing as contemplated by the party constitution and law. (b) We set aside the decision of the 1st Respondent of the meeting dated 21st March 2017 that culminated in the removal of the Complainants as the interim party officials for the position of chairperson and secretary general Murang’a County branch, respectively. (c) Accordingly, this Tribunal also nullifies the appointment of the new officials in those respective positions.

Muendi v Muia & another (Complaint 307 of 2017) [2017] KEPPDT 404 (KLR) (2 June 2017) (Ruling)

✦ The Tribunal's decision to nullify Muia's nomination is upheld, and the Independent Electoral and Boundaries Commission is restrained from including Muia's name in the Kenya Gazette.

Oluoch & another v Orange Democratic Movement & another (Complaint 208 of 2017) [2017] KEPPDT 274 (KLR) (2 June 2017) (Judgment)

✦ The Tribunal dismissed the Claimants' case and ordered that no orders as to costs since the Respondent was neither served nor entered an appearance.

Oganga & another v Orange Democratic Movement & another (Complaint 263 of 2017) [2017] KEPPDT 303 (KLR) (At Nairobi) (31 May 2017) (Ruling)

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

Ochola v Orange Democratic Movement & 2 others (Complaint 145 of 2017) [2017] KEPPDT 305 (KLR) (31 May 2017) (Judgment)

Kiala v Wiper Democratic Movement Kenya; Ndeti (Interested Party) (Complaint 218B (NRB) of 2017) [2017] KEPPDT 98 (KLR) (29 May 2017) (Judgment)

✦ The Tribunal declares the results of the repeat nominations null and void and orders the Respondent to directly nominate its preferred candidate for Governor, Machakos County.

Mbono v Wanyoro & another; Independent Electoral Boundaries Commission (Amicus Curiae) (Complaint (NRB) 292 of 2017) [2017] KEPPDT 178 (KLR) (26 May 2017) (Judgment)

✦ The nominations were not free and fair, and the 2nd Respondent's nomination certificate is null, void, and of no legal effect.

Kimeli v Jubilee Party of Kenya (Complaint 291 (NRB) of 2017) [2017] KEPPDT 397 (KLR) (26 May 2017) (Judgment)

✦ The Complainant is declared the duly nominated candidate and the Respondent is ordered to issue the nomination certificate to the Complainant. The certificate issued to Hillary Rono is revoked.

Sasia v Robert & 3 others (Complaint 189 of 2017) [2017] KEPPDT 266 (KLR) (26 May 2017) (Ruling)

✦ The Tribunal found that the 2nd, 3rd, and 4th Respondents failed to implement the Tribunal's decision and ordered the revocation of Robert Pukose's nomination certificate and a fresh nomination exercise.

Kimeli v Jubilee Party of Kenya (Complaint 291 (NRB) of 2017) [2017] KEPPDT 333 (KLR) (26 May 2017) (Judgment)

✦ The Complainant is declared the duly nominated Jubilee Party candidate for the specified position. The Respondent is ordered to issue the nomination certificate to the Complainant and revoke the certificate issued to Hillary Rono.

Obunga v Orange Democractic Movement & 2 others (Complaint (NRB) 299B of 2017) [2017] KEPPDT 163 (KLR) (26 May 2017) (Judgment)

✦ The Tribunal finds the 1st Respondent's party primary not credible and fair.