Chepkirui Damaris v Kipsang Mibei Kennedy & 2 others [2017] KEPPDT 26 (KLR)

REPUBLIC OF KENYA

IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

COMPLAINT NO. 243 OF 2017

CHEPKIRUI DAMARIS..................................................CLAIMANT

VERSUS

KIPSANG MIBEI KENNEDY..............................1^ST RESPONDENT

RETURNING OFFICER                                                                         

EMURUA DIKIR-NAROK COUNTY................2^ND RESPONDENT

NATIONAL ELECTIONS BOARD                                                        

JUBILEE PARTY...................................................3^RD RESPONDENT

JUDGMENT

Summary of Complaint

1. This is a complaint arising out of nomination exercise for the position of Member of County Assembly for Mogondo Ward in Emurua-Dikir Constituency, Narok County.  The Claimant raised several incidences which culminated in his appeal to the 3^rd Respondent.  The 3^rd Respondent’s National Election Board (NEB) considered the appeal and by its ruling dated 5^th May, 2017, the appeal was dismissed upholding the nomination results of the 1^st Respondent.  The Claimant, dissatisfied with the IDRM decisions, has now approached the Tribunal for redress. He claims that there were irregularities that he avers were not considered by the 3^rd Respondent’s Appeals Tribunal.

2. The 3^rd Respondent filed its reply to the complaint on 16^th May, 2017 by way of an Affidavit by MaryKaren Kigen–Sorobit, an Advocate of the High Court and the 3^rd Respondent’s Deputy Executive Director, Legal and Compliance. The 3^rd Respondent avers that during the hearing, the requisite polling forms 3 and 4B (ii) were perused and a re-tallying undertaken at the end of which no irregularity was noted. The 3^rd Respondent therefore asks the Tribunal to uphold the decision of the 3^rd Respondent’s National Appeals Tribunal.

Issue for determination

3. The main issue for determination is whether or not the Claimant should be declared as the 3^rd Respondent’s nominee for the position of MCA, Mogondo Ward.

Analysis

4. From the evidence adduced by the Claimant, and in particular the tallying sheets, we are unable to rely on the same as they are neither signed nor the author disclosed.  This may well be the Claimant’s own tallies.  Moreover, the Claimant has not been able to substantiate the irregularities averred in her pleadings.  A perusal of the ruling by the 3^rd Respondent’s National Appeals Tribunal reveals that they enquired into the irregularities and also polling results before making a ruling against the Claimant. The Tribunal wishes to point out that even though it does not exercise appellate jurisdiction over the Political Party Internal Disputes Resolution Mechanism, consideration is had to the extent to which such internal tribunal address the issues brought up by the parties. In this instant, we find that the internal mechanisms did exhaustively address concerns brought up by the aspirants. Accordingly, we find no merit in the Claimant’s claims.

Orders

5. In the circumstances, we dismiss the Notice of Motion filed on 16^th May, 2017 with no order as to costs.

DATED IN NAIROBI THIS 18^TH DAY OF MAY, 2017.

1. M. O. LWANGA ………………………..………………(PRESIDING MEMBER)

2. DESMA NUNGO ………………………………………(MEMBER)

3. PAUL NGOTHO ………………………………………(MEMBER)

4. DR. ADELAIDE MBITHI …………………….………(MEMBER)