Public Procurement Tribunal judgments

Crispinus Pegga Barasa v Jubilee Party of Kenya [2017] KEPPDT 29 (KLR)

✦ The claim succeeds, but the nomination certificate for Member of the County Assembly, Bukusu Ward, Bungoma County is awarded to the Claimant.

[2017] KEPPDT 29 (KLR) Public Procurement Tribunal 25 May 2017

Njuguna v Jubilee Party of Kenya (Complaint 268 of 2017) [2017] KEPPDT 318 (KLR) (25 May 2017) (Judgment)

✦ The Claimant is the duly nominated Jubilee Party of Kenya candidate for the position of the Member of the County Assembly for Kiru Ward, Mathioya Constituency, Murang’a County.

[2017] KEPPDT 318 (KLR) Public Procurement Tribunal 25 May 2017

Mwago v Jubilee Party & 2 others (Complaint 289 (NRB) of 2017) [2017] KEPPDT 140 (KLR) (25 May 2017) (Judgment)

✦ The nomination certificate issued to the 3rd Respondent is null and void, and the 2nd Respondent is ordered to conduct a recount of the votes from Githurai Kimbo Primary School polling station.

[2017] KEPPDT 140 (KLR) Public Procurement Tribunal 25 May 2017

Majua v Bonyo & another (Complaint 285 of 2017) [2017] KEPPDT 228 (KLR) (25 May 2017) (Judgment)

✦ The Claimant fails with no order as to costs.

[2017] KEPPDT 228 (KLR) Public Procurement Tribunal 25 May 2017

Onkoba v Ondieki & 4 others (Complaint 281 of 2017) [2017] KEPPDT 139 (KLR) (25 May 2017) (Judgment)

✦ The nomination certificate issued to the 1st Respondent is declared null and void. The National Election Board is directed to determine the Party Nominee for Kimumu Ward in a manner compatible with the Party Constitution and Rules.

[2017] KEPPDT 139 (KLR) Public Procurement Tribunal 25 May 2017

Adam v Orange Democratic Movement & another; Magembe (Intended Interested Party) (Complaint 185 (NRB) of 2017) [2017] KEPPDT 102 (KLR) (25 May 2017) (Ruling)

✦ The application is dismissed with no order as to costs

[2017] KEPPDT 102 (KLR) Public Procurement Tribunal 25 May 2017

Marube v Jubilee Party & another (Complaint 146 of 2017) [2017] KEPPDT 78 (KLR) (25 May 2017) (Ruling)

✦ The application for review is granted, and the applicant is declared the duly nominated candidate for South Mugirango Parliamentary Seat under the Jubilee ticket.

[2017] KEPPDT 78 (KLR) Public Procurement Tribunal 25 May 2017

Chomboi v KANU National Elections Board; Chepketch (Interested Party) (Complaint 255 of 2017) [2017] KEPPDT 231 (KLR) (23 May 2017) (Judgment)

✦ The Complainant's legitimate expectation to be nominated as the Party's flagbearer for Mogotio Constituency is acknowledged, but the Tribunal does not interfere with internal Party operations. The Respondent is directed to determine the Respondent's candidate for Member of National Assembly, Mogotio Constituency, within 48 hours of the pronouncement of this Judgment.

[2017] KEPPDT 231 (KLR) Public Procurement Tribunal 23 May 2017

Otieno v Orange Democratic Movement & another (Complaint 262 of 2017) [2017] KEPPDT 260 (KLR) (23 May 2017) (Judgment)

✦ We dismiss the undated Complaint herein filed on the 16th May 2017 with no orders as to costs

[2017] KEPPDT 260 (KLR) Public Procurement Tribunal 23 May 2017

Karanja v Nyumu & 2 others (Complaint 280 of 2017) [2017] KEPPDT 321 (KLR) (23 May 2017) (Judgment)

✦ The NAT decision is upheld. The repeat nominations exercise is not declared null and void. The Complainant's allegations of malpractices are not substantiated.

[2017] KEPPDT 321 (KLR) Public Procurement Tribunal 23 May 2017

Chomboi v Kanu National Elections Board; Chepketch (Interested Party) (Complaint 255 (NRB) of 2017) [2017] KEPPDT 91 (KLR) (23 May 2017) (Judgment)

✦ The Complaint is allowed, and the Respondent is directed to determine the Respondent's candidate for Member of National Assembly, Mogotio Constituency, within 48 hours of the judgment.

[2017] KEPPDT 91 (KLR) Public Procurement Tribunal 23 May 2017

Muganda v Returning Officer, Mathare Constituency & another (Complaint 320 (NRB) of 2017) [2017] KEPPDT 137 (KLR) (20 May 2017) (Ruling)

✦ The preliminary objection is dismissed as the Tribunal has jurisdiction to entertain the complaint and the IDRM issue was sorted out by a letter dated 14th June 2017.

[2017] KEPPDT 137 (KLR) Public Procurement Tribunal 20 May 2017

Kasera v Orange Democratic Movement (Complaint 270 (NRB) of 2017) [2017] KEPPDT 90 (KLR) (19 May 2017) (Judgment)

✦ The Respondent is ordered to issue the Complainant the final nomination certificate as the Respondent's nominee for the position of Member of County Assembly, Kachieng Ward, Nyatike Constituency.

[2017] KEPPDT 90 (KLR) Public Procurement Tribunal 19 May 2017

Odhiambo v Orange Democratic Movement & another (Complaint 136 of 2017) [2017] KEPPDT 81 (KLR) (19 May 2017) (Ruling)

✦ The Tribunal allows the 2nd Respondent's application and orders her to file a replying affidavit and submissions by a specified date.

[2017] KEPPDT 81 (KLR) Public Procurement Tribunal 19 May 2017

Obiero v Orange Democratic Movement & another (Complaint 266 of 2017) [2017] KEPPDT 93 (KLR) (19 May 2017) (Judgment)

✦ The Claimant is no longer a party member of the 1st Respondent and his prayers are dismissed.

[2017] KEPPDT 93 (KLR) Public Procurement Tribunal 19 May 2017

Kiminza v Jubilee Party & another (Complaint 279 (NRB) of 2017) [2017] KEPPDT 280 (KLR) (19 May 2017) (Judgment)

✦ The Tribunal held that the direct nomination of Rachael Nyamai was unlawful and that the Tribunal does not have jurisdiction to hear the complaint.

[2017] KEPPDT 280 (KLR) Public Procurement Tribunal 19 May 2017

Omondi v Orange Democratic Movement Party; Were (Interested Party) (Complaint (NRB) 212 of 2017) [2017] KEPPDT 170 (KLR) (19 May 2017) (Ruling)

✦ The application is dismissed with costs.

[2017] KEPPDT 170 (KLR) Public Procurement Tribunal 19 May 2017

Noor v Jubilee Party & another (Complaint 244 of 2017) [2017] KEPPDT 95 (KLR) (19 May 2017) (Judgment)

✦ The nomination exercise is incapable of determining a winner and the Tribunal intervenes to promote political party democracy.

[2017] KEPPDT 95 (KLR) Public Procurement Tribunal 19 May 2017

Luvai v Dolai & 2 others; Wiper Democratic Movement (Interested Party) (Complaint 96 (NRB) of 2017) [2017] KEPPDT 72 (KLR) (19 May 2017) (Ruling)

✦ The Amended Claim dated 7th May 2017 is dismissed with no order as to costs

[2017] KEPPDT 72 (KLR) Public Procurement Tribunal 19 May 2017

Barns v Orange Democratic Movement & 2 others (Complaint 259 of 2017) [2017] KEPPDT 376 (KLR) (19 May 2017) (Judgment)

✦ The Tribunal has jurisdiction to determine the complaint and orders that the nomination certificate issued to the 2nd Respondent is annulled and the Complainant is directed to be issued with the nomination certificate.

[2017] KEPPDT 376 (KLR) Public Procurement Tribunal 19 May 2017

Rudainy v Baya & another (Complaint 265 of 2017) [2017] KEPPDT 176 (KLR) (19 May 2017) (Judgment)

✦ The court finds that the claimant has not furnished sufficient evidence showing his win and dismisses the Notice of Motion and Memorandum of complaint.

[2017] KEPPDT 176 (KLR) Public Procurement Tribunal 19 May 2017

Musyoka v Wiper Democratic Movement – Kenya & another (Complaint (NRB) 108 of 2017) [2017] KEPPDT 245 (KLR) (19 May 2017) (Ruling)