Charity Wairimu Kochale v Jubilee Party [2017] KEPPDT 16 (KLR)

REPUBLIC OF KENYA

IN THE POLITICAL PARTIES DISPUTES TRIBUNAL AT NAIROBI

COMPLAINT NO. 372 OF 2017

CHARITY WAIRIMU KOCHALE................................COMPLAINANT

VERSUS

JUBILEE PARTY..……………………………………….RESPONDENT

JUDGMENT

Introduction

1.     The Claimant hails from Nanyuki Ward in Laikipia County. Her contribution to the party is immense. She was recommended for nomination by the party Woman Representative nominee for Laikipia County. Her name has been omitted from the list published by the Independent Electoral and Boundaries Commission. We have reviewed the nomination list for Laikipia County. It contains the required number of nominees and alternates between male and female candidates.

2.     The party lists are meant to cater for the weakest of the weak who cannot otherwise have their voices heard in the mainstream majoritarian political process within the County. These lists are not meant to reward or retain the loyalty of party members. Every entry on the list must be representative of an ascertained or ascertainable special interest. The Claimant did not tell the Tribunal what special interest she represents as to justify her inclusion in the list.

3.     There is no merit in the claim. It is dismissed with no order as to costs to facilitate party unity.

Dated at Nairobi this 31st day of July 2017

Kyalo Mbobu (Chairperson) ……………………………..

James Atema (Member)………………………………

Hassan Abdi (Member)………………………………

Dr. Adelaide Mbithi           ………………………………