Robert Akumu Asembo v The Political Parties Tribunal & 2 others

REPUBLIC OF KENYA High Court at Nairobi (Nairobi Law Courts) Miscellaneous Civil Application 61 of 2013 ROBERT AKUMU ASEMBO ........................................................................................... APPLICANT AND THE POLITICAL PARTIES TRIBUNAL...............................................................1ST RESPONDENT ORANGE DEMOCRATIC MOVEMENT .............................................................2ND RESPONDENT THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION........3RD RESPONDENT LAMECK SIAGE ...............................................................................................INTERESTED PARTY JUDGMENT 1. We have considered the application and depositions and heard the parties in support of and in opposition to the application. 2. We are satisfied that the applicant was not given a hearing at the Political Parties Tribunal Case No. 5 of 2013. Mr Robert Asembo who had been nominated by the Orange Democratic Movement to contest the position of member of National Assembly for Embakasi Central Constituency, Nairobi County was not a party to the dispute nor was he served with proceedings. The fact that the party which represented him was party to the case and was heard does not diminish Mr Asembo’s right to be heard nor does it entitle counsel for the party to appropriate the right of Mr Asembo to represent himself. 3. The order issued on 30th January 2013 was in breach of the rules of natural justice. It cannot stand nor can the court shut its eyes to a violation of this fundamental right underpinned by Articles 47 and 50 of the Constitution. The order given on 30th January 2013 is hereby quashed in its entirety. 4. The result is that every fruit of the poisonous tree must be plucked. It follows that we also quash the certificate issued by the returning officer – Embakasi Central Constituency contained in the certificate dated 31st January 2013. 5. We direct as follows; 1) The political parties Tribunal shall hear the parties to Dispute No. 5 of 2013 de novo in the presence of the applicant, Robert Asembo forthwith. 2) The IEBC shall company with the decision of the Political Parties Tribunal on the

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