Mukhombwa v Ngaira & 2 others [2022] KEPPDT 929 (KLR)

Mukhombwa v Ngaira & 2 others (Complaint E008 (KK) of 2022) [2022] KEPPDT 929 (KLR) (16 May 2022) (Judgment)

Neutral citation: [2022] KEPPDT 929 (KLR)

Republic of Kenya

In the Political Parties Disputes Tribunal

Complaint E008 (KK) of 2022

ML Odongo, Presiding Member, T K Tororey & L Wambui, Members

May 16, 2022

Between

Bernard Munase Mukhombwa

Complainant

and

Jafred Muchesia Ngaira

1st Respondent

Ford - Kenya

2nd Respondent

Joel Amuna Ruhu

3rd Respondent

Judgment

Background 1. The complaint filed herein is undefended as the 1st and 3rd Respondents have since supported the Complainant and expressed no interest in proceeding with the nomination process that is the subject issue herein.

2. The complaint had sought the following orders:-a.An interim injuction is hereby issued restraining the Independent Electoral and Boundaries Commission from gazetting or otherwise recognising Mr. Jafred Muchesia Ngaira as the Ford- Kenya Nominee for Isukha North Ward.b.A declaration is hereby issued that Jafred Muchesia Ngaira, the 1st Respondent herein was not and is not qualified to participate in the nomination of Isukha North Ward member of County Assembly since he is still an employee of the County Government of Kakamega.c.An order is issued directing and compelling the Ford Kenya Party, 2nd Respondent to uphold the Nomination Certificate of the complainant and to submit the name of the Complainant to the Independent Electoral and Boundaries Commission as the nominee to the represent the party in Isukha North Ward, Kakamega County.d.Costs of the Claim be borne by the Respondents.

3. During the pendency of the matter herein, the 2nd Respondent duly complied and forwarded the name of the Complainant as its nominee for the position in issue. This is confirmed through the further affidavit filed by the Complainant which they swore on May 13, 2022.

4. The matter is thus settled in so far as prayers (a) to (c) of the complaint is concerned.

5. The parties have however been unable to agree on costs

6. It is trite law that costs follow the cause and the Complainants cause has had the day.

7. In light of our the aforesaid we order as follows:a.That the Complaint herein be marked as settled with costs to the Complainant.

DATED THIS 16TH DAY OF MAY 2022M. L. ODONGO (PRESIDING MEMBER)TOROREY TIMOTHY KIPCHIRCHIR (MEMBER)DR. LYDIAH WAMBUI (MEMBER)