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Court of AppealDismissedCivil Appeal No. 168 of 2017· [2017] KECA 462 (KLR)

Gabriel Bukachi Chapia v Orange Democratic Movement & another [2017] KECA 462 (KLR)

Court of Appeal of Kenya
23 June 2017
RNR. N. NambuyeDMD. K. MusingaSKS. Gatembu Kairu
416 words in judgment
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The bottom line

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The Court of Appeal confirmed that Kenyan party nomination disputes must first go through the party's own internal dispute resolution process before reaching the Tribunal or courts.

What this practically means

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Executive summary

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This was a fast-tracked pre-general-election appeal arising from the 2017 party nomination process. The appellant, Gabriel Bukachi Chapia, claimed before the Political Parties Disputes Tribunal that he was the unopposed contender for nomination by Orange Democratic Movement as candidate for Senator of Nairobi County, held a valid nomination certificate, and had been wrongfully substituted by the 1st respondent in favour of Edwin Sifuna, the 2nd respondent. On 16th May 2017 the PPDT held the claim premature because it had not first been subjected to the party's internal dispute resolution mechanism, and referred the dispute back to the 1st respondent's National Elections Board to nominate its Senator candidate for Nairobi County. The appellant appealed to the High Court, which on 26th May 2017 (Ong'undi, J) dismissed his appeal. He then appealed to the Court of Appeal. A three-judge bench (Nambuye, Musinga and Gatembu Kairu, JJA) delivered a single judgment of the court on 23rd June 2017, in advance of the general elections scheduled for 8th August 2017. The Court, having considered the appeal and counsel's submissions, was not satisfied that it had merit and dismissed it, stating that its reasons would be given on 28th July 2017. Each party was ordered to bear its own costs of the appeal. The practical effect was to affirm the High Court and leave in place the PPDT's referral of the nomination dispute back to the party's internal organ.

Key legal issues

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Whether the High Court properly dismissed the appellant's appeal from the PPDT decision upholding the substitution of his nomination

Holding

The Court of Appeal dismissed the appeal, thereby affirming the High Court's decision, without issuing substantive reasons at this stage; reasons were reserved for 28th July 2017.

Reasoning

The appellant claimed he held a valid nomination certificate for the position of Senator, Nairobi County, and that the 1st respondent wrongfully substituted him with the 2nd respondent. The PPDT had held the claim premature because no internal party dispute resolution mechanism had been invoked, and referred the dispute back to the party's National Elections Board. The High Court dismissed the appeal. The Court of Appeal, having considered the appeal and counsel's submissions, found no merit in it and dismissed it with reasons to follow, affirming the High Court.

p. 2

Legal principles established

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  • A party dispute referred to the PPDT that has not first been subjected to the party's internal dispute resolution mechanism may be referred back to the party's internal organ (here the National Elections Board) for resolution in the first instance.

Court orders

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  1. 1.Appeal dismissed
  2. 2.Each party shall bear their own costs of the appeal
On appeal from
High Court of Kenya at Nairobi
Nairobi H.C. Election Petition Appeal No. 64 of 2017
Jurisdiction invoked
Appeal from the High Court in an appeal from the Political Parties Disputes Tribunal, as provided under the Political Parties Act regime (specific provision not stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Gabriel Bukachi Chapia v Orange Democratic Movement & another [2017] KECA 462 (KLR)", Case Analysis (2017). Civil Appeal No. 168 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/462/eng@2017-06-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.