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|Case Number:||Petition 20 of 2014|
|Parties:||Emiliano Kipkorir Tonui v National Alliance Party|
|Date Delivered:||24 May 2016|
|Court:||High Court at Eldoret|
|Citation:||Emiliano Kipkorir Tonui v National Alliance Party  eKLR|
High Court Orders for the Reimbursement of Registration Fees incurred in the run-up to the nomination process which was frustrated by the Political Party
Emiliano Kipkorir Tonui v National Alliance party
Petition 20 of 2014
In The High Court of Kenya At Eldoret
G K Kimondo, J
May 24, 2016
Reported by Emma Kinya & Ian Kiptoo
The Petitioner was an aspiring candidate for the position of Senator of uasin Gishu on the National Alliance Party (TNA) ticket. TNA and United Republican Party (URP) later on formed an alliance zoning out their dominant spheres which resulted in TNA not carrying out nomination of candidates in Uasin Gishu. The Petitioner thus sought the following reliefs for losses incurred during the run up for nominations: a declaration that his political rights enshrined in articles 38 and 91 of the Constitution were violated by the Respondent and an order for damages for costs he had incured in campaigning for nomination.
Constitutional Law-fundamental rights and freedoms-right of persons to participate in political process-where an aspiring candidate prepares for the nomination and election period – failure of party nominations to be conducted - whether the Petitioner’s political rights were violated-Constitution of Kenya, 2010 articles 38 and 91(1)(e)
Electoral laws- nomination- nomination disputes-dispute resolution mechanisms –existence of elaborate dispute resolution mechanisms – requirement to exhaust the existing dispute resolution mechanisms - Whether the High court could entertain an election or nomination dispute in light of existing alternative dispute resolution procedures and mechanisms-Constitution of Kenya, 2010 article 88; Political Parties Act section 40
Civil Practice and Procedure -damages-special damages-claim for special damages - burden of proof in proving special damages-need for specific proof – failure of the nomination process to take place as expected – where the aspiring candidate had incurred costs during the run up to the nominations of the party candidates - whether the Petitioner was entitled to special damages with respect to costs incurred during preparations for the nomination process
Constitution of Kenya, 2010
Article 88-Independent Boundaries and electoral commission
(1)Every political party shall—
(e) respect the right of all persons to participate in the political process, including minorities and marginalised groups;
Political Parties Act (No.11) of 2011.
Section 40-Jurisdiction of tribunal
(1)The Tribunal shall determine –
(a) disputes between the members of a Political Party.
b.) disputes between a member of a political party and a political party.
c.) disputes between Political Parties
d.) disputes between an independent candidate and a political party.
e.) disputes between coalition parties and
f.) appeals from decisions of the Registrar of the political parties under this Act.
2.) Notwithstanding sub-section (1), the Tribunal shall not hear or determine a dispute under paragraphs (a),(b),(c) or unless the dispute has been heard and determined by the Internal Political Party Dispute Resolution Mechanism.
Petition partly allowed, admission entered for the petitioner in the sum of Kshs. 252, 000. Parties to bear their own costs.
|Case Outcome:||Petition allowed in part..|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
PETITION NO. 20 OF 2014
EMILIANO KIPKORIR TONUI………………………………………PETITIONER
THE NATIONAL ALLIANCE PARTY……………………………..RESPONDENT
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 24th day of May 2016.
GEORGE KANYI KIMONDO
Judgment read in open court in the presence of:-
The petitioner (in person).
No appearance for the respondent.
Mr. J. Kemboi, Court Clerk.