Kenyan case law

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.

Kane v Amani National Congress (Complaint 271 of 2017) [2017] KEPPDT 378 (KLR) (8 May 2017) (Ruling)

✦ The Tribunal's orders dated 25th May 2017 are set aside, and the Respondent/Applicant is ordered to determine its candidate for the position of Member of National Assembly, Webuye West Constituency within 24 hours and submit the name of its nominee to the Independent Electoral Boundaries Commission.

Irungu v Jubilee Party & another; Kilukei & 2 others (Interested Parties) (Complaint 62 of 2017) [2017] KEPPDT 251 (KLR) (8 May 2017) (Judgment)

✦ The Tribunal found the cancellation of results from Laikipia North was unjustified and unconstitutional, and ordered the decision made by the 1st Respondent on 3rd May, 2017 to be tendered to the parties.

Alliy v Orange Democratic Movement Party of Kenya & another (Complaint 51 of 2017) [2017] KEPPDT 406 (KLR) (8 May 2017) (Judgment)

✦ The 2nd Respondent was not responsible for the violence, and the Tribunal has no jurisdiction over the 2nd Respondent for electoral violence. The 1st Respondent is ordered to conduct a party nomination exercise in accordance with its constitution and rules, and each party is ordered to bear its own costs.

Asitiba v Orange Democratic Movement Party & another (Complaint 58 (NRB) of 2017) [2017] KEPPDT 62 (KLR) (8 May 2017) (Judgment)

✦ The Complainant is the 1st Respondent's lawful nominee for the position of MCA, Imara Daima Ward, Embakasi South Constituency, Nairobi County.

Olenje & 4 others v Orange Democratic Movement & another (Complaint 85 of 2017) [2017] KEPPDT 248 (KLR) (8 May 2017) (Judgment)

✦ The preliminary objection is allowed, and the complaint is dismissed for lack of jurisdiction.

Ojiambo v Oyugi & 5 others (Complaint 25 (NRB) of 2017) [2017] KEPPDT 278 (KLR) (8 May 2017) (Ruling)

✦ The 1st Respondent's application is dismissed. The IDRM's decision is upheld regarding the irregularities in the two polling stations. The 3rd Respondent is directed to conduct a nomination exercise for the affected polling stations.

Karanja alias Karis v Nyumu & 7 others; Independent Electoral & Boundaries Commission (Amicus Curiae) (Complaint 59 (NRB) of 2017) [2017] KEPPDT 48 (KLR) (Civ) (8 May 2017) (Judgment)

✦ The nomination exercise was not free and fair, and the nomination certificate should not have been issued to anyone.

Muthami v Wiper Democratic Movement (Complaint 46 of 2017) [2017] KEPPDT 58 (KLR) (8 May 2017) (Judgment)

✦ The claim is meritorious and the elections are declared null and void.

Makau v Wiper Democratic Movement - Kenya & 2 others (Complaint 49 of 2017) [2017] KEPPDT 51 (KLR) (7 May 2017) (Judgment)

✦ The Tribunal found that most of the allegations made by the Complainant were not supported by tangible evidence and the Tribunal is not well placed to make any inquisition beyond what is presented by the Complainant.

Mruttu v Mwadeghu & 2 others (Petition 48 of 2017) [2017] KEPPDT 377 (KLR) (7 May 2017) (Judgment)

✦ The Tribunal has both original and appellate jurisdiction over the decisions of the NAT and is not bound by any lack of jurisdiction on the part of the NAT due to non-compliance with Rule 19.2.5 of the party’s Rules.

Wakiaga v Awiti & another (Complaint 52 of 2017) [2017] KEPPDT 82 (KLR) (7 May 2017) (Judgment)

✦ The 2nd Respondent acted in accordance with the laid down process in issuing the 1st Respondent with a direct nomination for ODM candidate for Homa Bay County.

Wakiaga v Awiti & another (Complaint 52 of 2017) [2017] KEPPDT 282 (KLR) (7 May 2017) (Judgment)

✦ The party acted within the laws in determining the candidate for Homa Bay gubernatorial seat by granting direct nomination to the 1st Respondent.

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.

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.

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.

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 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.

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

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.

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.

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.

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.