Dimbuson v Amani National Congress Party; Independent Electoral and Boundaries Commission (Interested Party) (Complaint E007 (MSA) of 2022) [2022] KEPPDT 936 (KLR) (Civ) (6 August 2022) (Judgment)
Neutral citation:
[2022] KEPPDT 936 (KLR)
Republic of Kenya
Complaint E007 (MSA) of 2022
M Lwanga O, Presiding Member, T K Tororey, L Wambui & D. Kagacha, Members
August 6, 2022
Between
Nicholas Chavasu Dimbuson
Complainant
and
Amani National Congress Party
Respondent
and
Independent Electoral And Boundaries Commission
Interested Party
Judgment
1.The complaint herein seeks the following order: -a.That the Complainant be reinstated into the Respondent party nomination list under the PWD [persons with disabilities] category in Lamu County Assembly.b.Costs.
2.The Complainant raised his complaint with the Respondent to no avail. He was thus left with no option other than to come before this Tribunal for legal redress.
3.The Respondent though served, as averred by the Complainant, did not respond.
The Complainants Case
4.The Complainant submits that he is a person living with disability as defined by law and a member of the Respondent.
5.He applied for consideration for nomination into the party list and was informed, as agreed at a meeting of the PWDs League of the party, that he had qualified.
6.Upon perusal of the party nominations list published in the local daily by the Interested Party he did not see his name.
7.His attempts to seek clarification from the party have been futile.
Issues for determination
8)This being an undefended case the only issues we will address are:a.Is this Tribunal properly seized of jurisdiction?b.Is complaint justified?c.What orders should issue?
Our Analysis
Whether PPDT has jurisdiction
9.We have seen, attached to the complaint bundle, a letter addressed to the Chairman of the Respondents NEB [national elections board] raising his complaint with the party.
10.The current wording of section 40 (2) PPA states as follows: (2) Notwithstanding subsection (1), the Tribunal shall not hear or determine a dispute under paragraphs (a), (b), (c) or (e) unless a party to the dispute adduces evidence of an attempt to subject to the internal political party dispute resolution mechanisms. Emphasis ours.
11.The information before us, amounts to an attempt to resolve the matter internally as anticipated in the law as cited above. The dispute is thus properly before us.
Is the complaint justified?
12.The Elections (Party Primaries and Party Lists) Regulations, 2017, Submission Of Party List guides party list nominations.
13.In guiding our thinking, we have considered the said relevant law [Regulations], as reproduced below, as it provides in respect of the county assembly party nomination list is as follows:
14.The complaint is not controverted. And we have seen, attached to the complaint bundle, a disability identification badge for the Complainant.
15.We thus find that the complaint is justified.
Disposition
16.In light of our analysis, we order as follows.a.That the Respondent herein, Amani National Congress [ANC] Party include the name of the Complainant herein, Nicholas Chavasu Dimbuson in the 2022 general elections party nominations list for Amani National Congress Lamu County Assembly party nominations list under the PWDs [persons with disabilities] category.b.That notification of this decision issue to the Independent Electoral and Boundaries Commission.c.That the costs of this complaint are awarded to the Complainant as against the Amani National Congress Party.
DATED THE 6TH DAY OF AUGUST 2022M. LWANGA. O (PRESIDING MEMBER)TOROREY TIMOTHY KIPCHIRCHIR (MEMBER)DR. LYDIAH WAMBUI (MEMBER)DANIEL KAGACHA (MEMBER)