Kenyan case law
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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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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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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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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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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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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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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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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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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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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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Chebomui v Teplelei & 2 others (Complaint 130 of 2017) [2017] KEPPDT 64 (KLR) (15 May 2017) (Judgment)
✦ The decision to recount the votes was made without providing the complainant with written reasons, and is therefore null, void, and of no effect in law.
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Okwemba v United Democratic Party & another (Complaint 192 (NRB) of 2017) [2017] KEPPDT 218 (KLR) (15 May 2017) (Judgment)
✦ The Tribunal held that the 1st Respondent violated the complainant's legitimate expectation that nominations would be conducted, and ordered repeat nominations, declared the purported direct nomination and certificate null and void, and ordered the 1st Respondent to conduct a nomination exercise within 48 hours.
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Midiwo v Odhiambo & another (Complaint 206 of 2017) [2017] KEPPDT 311 (KLR) (15 May 2017) (Judgment)
✦ The Tribunal annulled the nomination exercise and revoked the nomination certificate issued to Elisha Odhiambo.
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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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Ngangu v Orange Democratic Movement & another (Complaint 167 (NRB) of 2017) [2017] KEPPDT 61 (KLR) (15 May 2017) (Judgment)
✦ The nomination certificate issued to the 2nd Respondent is declared null and void and set aside. The NEB is ordered to abide by the special County Appeals Tribunal ruling and determine the Party nominee for Embakasi West Constituency National Assembly seat.
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Kariuki v Jubilee Party National Appeals Tribunal & 2 others (Complaint (NRB) 196 of 2017) [2017] KEPPDT 92 (KLR) (15 May 2017) (Judgment)
✦ The Tribunal finds substantial irregularities and nullifies the nomination certificate, directs the 3rd Respondent to determine the Party nominee in a manner compatible with the Party constitution and rules, and orders the 3rd Respondent to bear the costs of the Complainant.
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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.
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Kutol v Morogo & 2 others (Complaint (NRB) 229 of 2017) [2017] KEPPDT 172 (KLR) (15 May 2017) (Judgment)
✦ The decision of the National Appeal Tribunal to nullify the results from Solai Valley polling station is nullified. The 2nd Respondent is ordered to recount the votes from the contested polling station and use the results to determine the outcome of the nomination.
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Ogada v Omondi & 2 others (Complaint 73 of 2017) [2017] KEPPDT 74 (KLR) (At Nairobi) (13 May 2017) (Judgment)
✦ The SCAT's decision is reviewed, and the certificate is issued to Joan Ogada.
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Ojwang v Owiti & another (Complaint 159 of 2017) [2017] KEPPDT 216 (KLR) (13 May 2017) (Ruling)
✦ The Application is dismissed with costs.
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Onguso v Osusu & another (Complaint 197 of 2017) [2017] KEPPDT 101 (KLR) (13 May 2017) (Judgment)
✦ The Claimant was not accorded a fair hearing by the 2nd Respondent’s County Assembly Tribunal.
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Chepsongoi v Kenya African National Union (KANU) (Complaint 216 (NRB) of 2017) [2017] KEPPDT 391 (KLR) (13 May 2017) (Judgment)
✦ The Tribunal orders the Respondent to determine the Party Nominee for North Baringo Constituency National Assembly seat in a manner compatible with the Party Constitution and Election and Nomination Rules.
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Rugut v Kenya National African Union (Complaint 157 of 2017) [2017] KEPPDT 270 (KLR) (13 May 2017) (Judgment)
✦ The Respondent's powers to make a direct nomination under Article 24(9) of the party Constitution could only be in favor of the Complainant.
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Okello v Orange Democratic Movement & another (Complaint 132 of 2017) [2017] KEPPDT 79 (KLR) (13 May 2017) (Judgment)
✦ The Tribunal has jurisdiction over the complaint and the complainant won the nominations.