ODM National Election Board & another v Odhiambo & 2 others
The bottom line
#Kenya's Court of Appeal ruled that a political party must redo a cancelled nomination using the same voting method it originally promised members.
What this practically means
#Executive summary
#Key legal issues
#Whether a party that chose universal suffrage for a nomination that was nullified may conduct the repeat nomination by a different method
No. The party must repeat the nomination by the same method unless it demonstrates impossibility due to intervening circumstances and has made the notification required by section 38E of the Political Parties Act.
The Court adopted its holdings in ODM National Elections Board v Ombewa Gare. Section 38E requires notification to members and the Registrar of the nomination method, dates and venues, underscoring the public participation edict. Members are not mere bystanders; having been promised universal suffrage, they have a legitimate expectation that the repeat exercise will use the same method. The appellants failed to demonstrate impossibility even in their review application.
Whether the High Court Judge misidentified the decision appealed against in the cross appeal
No. The Judge correctly found the cross appeal was against the PPDT judgment of 5th May 2022, not the ruling of 26th May 2022.
The Court found the Judge's clarity of mind evident from his own reasoning: the memorandum of appeal referenced the judgment of 5th May 2022, while the review motion referenced the ruling of 26th May 2022, and no appeal had been filed from a ruling. The cross appeal spoke for itself as being in respect of the judgment dated 5th May 2022.
Legal principles established
#- A political party has unfettered discretion on the method to employ in conducting its party nominations, but where a nomination by universal suffrage is nullified, the repeat exercise must be by the same method unless impossibility due to intervening circumstances is demonstrated and section 38E notification is made.
- An appeal lies from the Political Parties Disputes Tribunal to the High Court on points of law and fact, and to the Court of Appeal on points of law, whose decision is final.
Court orders
#- 1.The appeal is dismissed
- 2.No order as to costs, as the appeal was not opposed
- On appeal from
- High Court of Kenya at Kisumu
- HC Civil Appeals Division Civil Appeal No. 43 of 2022
- Jurisdiction invoked
- Section 41(2) of the Political Parties Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ODM National Election Board & another v Odhiambo & 2 others", Case Analysis (2022). Election Petition Appeal (Application) E004 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/737/eng@2022-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.