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Maxwel Ochieng’ & another v Orange Democratic Movement [2017] eKLR REPUBLIC OF KENYA POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO. 191 OF 2017 CONSOLIDATED WITH COMPLAINT NO. 235 OF 2017 MAXWEL OCHIENG’……….…………………………….…….…..COMPLAINANT VERSUS ORANGE DEMOCRATIC MOVEMENT……………………….1ST RESPONDENT GEORGE OMONDI………………………………………………..2ND RESPONDENT CONSOLIDATED WITH GEORGE OMONDI………………………………………………..COMPLAINAT VERSUS ORANGE DEMOCRATIC MOVEMENT……………………….1ST RESPONDENT MAXWEL OCHIENG.……………………………………………..2ND RESPONDENT JUDGMENT Summary of the Case 1. The Claimant and the 2nd Respondent in Complaint No. 191 were both contestants in the 1st Respondent’s party primaries held on 30th April 2017 for the position of the Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County. The Claimant garnered 635 votes although the Returning Officer declared the Claimant to have garnered 600 votes. 2. The Claimant contested the nomination results for the said Ward citing irregularities and lodged an appeal with the 1st Respondent’s County Appeals Page 1 of 6

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Ochieng' v. Orange Democratic Movement

Judgment

Question Presented: Was the respondent's nomination free, fair, and credible? Should the election be annulled when the respondents locked themselves in a room with the ballot boxes and papers, preventing the petitioner from entering?

Alleged Acts: The respondents refused to allow for transportation of ballot boxes and papers and locked themselves in a room before declaring themselves winners.

Procedural history: The petitioner lodged a complaint with the County Appeals Tribunal, which revoked the respondent's nomination certificate in favor of the petitioner. However, the respondent ignored the Court and issued a final nomination certificate for the respondent. The petitioner appealed to this Court asking for an order that he won the election, and an order restraining the respondents. The respondents in their response argued the County Appeals Tribunal did not have jurisdiction.

Summary: Ochieng was a candidate for Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County. ODM prevented Ochieng from entering the room with the ballot boxes and papers. The Tribunal held this to render the election process opaque, unaccountable, and inaccurate rather than free, fair, and credible. The Tribunal prevented ODM from issuing the nomination certificate to anyone else and ordered new nominations.

Conclusion: The Tribunal declared the fraudulent nomination null and void and ordered ODM to conduct new nominations for the Member of County Assembly position.

Legal Issue(s)

Disputing Results
Electoral Integrity
Vote Form Irregularities

Applicable Law(s): Constitution- Articles 38, 91(1)(d) Political Parties Act- Section 9

Region: Africa

Country: Kenya

Language of Decision

English

Court: Trial Court

Election Type: Local

Date of decision: May 14, 2017

Geolocation

Latitude: -1.299737311

Longitude: 36.80159856

: Geolocation

Primary Documents

Maxwel and Another v. Orange Democratic Movement.pdf
English
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