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Court of AppealAllowedCivil Appeal No. 157 of 2017· [2017] KECA 481 (KLR)

Samuel Kalii Kiminza v Jubilee Party & another [2017] KECA 481 (KLR)

Court of Appeal
16 June 2017
716 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal ruled that the Political Parties Disputes Tribunal can directly hear party primary disputes, ordering Jubilee Party to redo Kitui South nominations.

What this practically means

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Executive summary

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This was a second appeal arising from the Jubilee Party primaries for the Member of the National Assembly seat for Kitui South Constituency in the 2017 general elections. No nominations were conducted for that position, and the party directly nominated the 2nd Respondent. The Appellant's first complaint to the Political Parties Disputes Tribunal was dismissed for failure to exhaust the party's internal dispute resolution mechanisms. A second complaint succeeded: the Tribunal found the party had failed to conduct free and fair nominations and ordered fresh nominations. The 2nd Respondent appealed to the High Court, where Muchelule J allowed the appeal and set aside the Tribunal's orders, holding that the Appellant had not exhausted internal mechanisms and the Tribunal therefore lacked jurisdiction. The Appellant appealed to the Court of Appeal on three grounds, principally that section 19 of the Political Parties (Amendment) (No. 2) Act, 2016 gave the Tribunal original and direct jurisdiction over party primary disputes. The 2nd Respondent cross-appealed, contending the High Court had failed to rule on the legality of her direct nomination. Delivering its decision under Rule 32(5) with reasons reserved for 21st July 2017, the Court (Kihara Kariuki, PCA, Gatembu Kairu and Murgor, JJ.A.) unanimously allowed the appeal with costs, set aside the High Court judgment, and ordered the party to conduct fresh nominations within 48 hours. This document contains only the operative orders; the substantive reasoning appears in the reserved judgment.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.Allow the appeal with costs
    2. 2.Set aside the judgment of the High Court given on 22nd May 2017
    3. 3.Order the 1st Respondent to conduct fresh nominations for Member of the National Assembly for Kitui South Constituency within 48 hours from 4:00 pm on 16th June 2017

    Authorities

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    Legislation

    • Political Parties (Amendment) (No. 2) Act, 2016section 19
    • Political Parties Act, 2011section 40(1)
    • Court of Appeal RulesRule 32(5)
    On appeal from
    High Court of Kenya at Nairobi
    Election Petition Appeal No. 58 of 2017
    Jurisdiction invoked
    Second appeal from the High Court in an appeal from the Political Parties Disputes Tribunal, under the Political Parties Act, 2011 as amended

    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, "Samuel Kalii Kiminza v Jubilee Party & another [2017] KECA 481 (KLR)", Case Analysis (2017). Civil Appeal No. 157 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/481/eng@2017-06-16

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