Kenyan case law
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Ali v National Election Board, ODM & another (Complaint 319 of 2017) [2017] KEPPDT 324 (KLR) (16 June 2017) (Judgment)
✦ The Complainant had a legitimate expectation to have the 1st Respondent conduct party primaries for Galbet Ward.
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Momanyi v Matagaro & another (Complaint 313 (NRB) of 2017) [2017] KEPPDT 325 (KLR) (12 June 2017) (Judgment)
✦ The complaint is allowed, and the 2nd Respondent is restrained from nominating the 1st Respondent as a nominee for Bomariba Ward.
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Ndonji v Orange Democratic Movement (Complaint 154 of 2017) [2017] KEPPDT 380 (KLR) (12 June 2017) (Ruling)
✦ The Tribunal dismissed both applications for review and contempt proceedings, finding that the Complainant/Applicant failed to demonstrate service on the contemnors.
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John Ndirangu Kariuki v Jubilee Party National Appeals Tribunal & 2 others [2017] KEPPDT 23 (KLR)
✦ The Tribunal has both original and appellate jurisdiction over political party disputes and has jurisdiction to adjudicate the claim. The claim is fit for dismissal.
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Kiiru v Party; Kihika (Interested Party) (Complaint (NRB) 315 of 2017) [2017] KEPPDT 257 (KLR) (12 June 2017) (Judgment)
✦ There is a cognizable dispute between an independent candidate and a political party regarding the Respondent's candidate for the Nakuru Senatorial position.
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Kiagiri alias Kenneth Kanini Kiagiri v Jubilee Party Thro the National Elections Board & 2 others; Ndungu & another (Interested Parties) (Complaint (NRB) 260 of 2017) [2017] KEPPDT 253 (KLR) (12 June 2017) (Ruling)
✦ The complaint is dismissed with no order as to costs.
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Kassim & another v Katana & 4 others (Complaint (NRB) 316 & (NRB) 274 of 2017 (Consolidated)) [2017] KEPPDT 300 (KLR) (12 June 2017) (Ruling)
✦ The consent orders are upheld. The IDRM ruling is upheld. The Complainant/Respondent, Hazel Nyamoki Katana, is declared the legitimate winner for the Jubilee Party Nominations for Senator Mombasa County.
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Ken Numbers Kanini Kiagiri alias Kenneth Kanini Kiagiri v Jubilee Party thro the National Elections Board & 4 others [2017] KEPPDT 27 (KLR)
✦ The complaint is dismissed with no order as to costs.
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Kiiru v Jubilee Party; Kihika (Interested Party) (Complaint 315 of 2017) [2017] KEPPDT 136 (KLR) (9 June 2017) (Ruling)
✦ The preliminary objection to the Tribunal's jurisdiction is dismissed.
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Wachana v Amani National Congress Party (Complaint 269 of 2017) [2017] KEPPDT 322 (KLR) (9 June 2017) (Judgment)
✦ The Tribunal held that the Respondent violated its own rules by not issuing the Claimant with the nomination certificate and ordered the Respondent to issue the certificate to Wachana.
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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.
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Otieno v Orange Democratic Movement & another (Complaint 143 of 2017) [2017] KEPPDT 299 (KLR) (8 June 2017) (Ruling)
✦ The Tribunal reviews the previous judgment and declares the applicant the winner of the nominations.
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Ongoro v Orange Democratic Movement & another (Complaint 5 (NRB) of 2017) [2017] KEPPDT 374 (KLR) (8 June 2017) (Ruling)
✦ The Tribunal's decision is set aside, and the applicant is declared the bona fide nominee for the electoral post.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.