Automated Summary
Key Facts
Complaint No. 456 of 2017 involved Zahara Noor Ismail Duale, a member of the Orange Democratic Movement Party (ODM), who alleged exclusion from the party's nomination list for Narok County Assembly. She claimed to have applied to represent the Isahakia community of the Somali (a marginalised group) but was excluded despite her membership. ODM defended that their nomination procedure (Rule 20 of Election and Nomination Rules) required balancing ethnic, regional, and gender interests, with two other women selected for minority representation. The Tribunal dismissed the claim, finding ODM's reasons justifiable and noting the Claimant provided no evidence of inclusion in the list.
Issues
The main issue was whether the Orange Democratic Movement Party contravened election laws in preparing its party list for Narok County Assembly, particularly regarding the exclusion of the Claimant, a member of a marginalized community.
Holdings
The Tribunal dismissed the claim, holding that the Respondent's exclusion of the Claimant from the party list for Narok County Assembly was lawful. The Claimant, a member of the Orange Democratic Movement Party, alleged her exclusion violated constitutional requirements for fair representation of minorities. The Tribunal found the Respondent followed its internal nomination procedure (Rule 20 of the Election and Nomination Rules) and balanced gender, regional, and ethnic interests, with justifiable reasons for exclusion in an open and democratic society. Therefore, the Claimant's claim was dismissed.
Remedies
The Tribunal dismissed the Claimant's complaint, ruling that the Respondent did not contravene any law in preparing the party list for Narok County Assembly.
Legal Principles
The court applied the principle of legitimate expectation, requiring political parties to supply reasons for decisions affecting members. The Respondent provided reasons for excluding the Claimant (balancing gender, regional, and ethnic interests), which the court found justifiable, leading to the dismissal of the claim.
Precedent Name
Elijah Omondi v Orange Democratic Movement and Another
Cited Statute
- Elections (Party Primaries and Party List) Regulations of 2017
- Constitution of Kenya
- Elections Act 24 of 2011
- County Government Act 17 of 2012
Judge Name
- M. O. Lwanga
- Desma Nungo
- Paul Ngotho
Passage Text
- We therefore find that the Claimant has not demonstrated that the preparation of the list in respect of Narok County Assembly contravened any law. Her claim therefore fails.
- The Claimant is aggrieved by her omission from the final party list. However, the Claimant has not adduced any document to demonstrate that she was ever included in the list. While conceding that the Claimant was indeed qualified, the Respondent has averred that other considerations such as the need to balance gender, regional and other interests necessitated her omission from the final list forwarded to the IEBC. This was said to have been done as required by Rule 20 of its Election and Nomination Rules. The reasons supplied by the Respondent are justifiable in an open and democratic society.