40 The conferment of jurisdiction on the PPDT to hear and determine disputes relating to party primaries under the Political Parties Act cannot however oust the jurisdiction of the IEBC to adjudicate over a dispute arising from nominations provided such jurisdiction is properly invoked. Neither can that jurisdiction be taken away from IEBC by a memorandum of understanding. 2.4.2.9. The IEBC must determine electoral disputes falling under its jurisdiction within ten days of filing and, where the dispute relates to a prospective nomination or election, before the date of the nomination or election (s 74(2) and (3) of the Elections Act, 2011). 2.4.2.10. A Complaint to the IEBC is initiated by delivering a duly filed complaint form in the required format to either the Returning Officer of the region in which the complaint relates to or the Commission (Rule 8, IEBC Rules of Procedure on Settlement of Disputes, 2012). Further, in 2022, three panels were established to handle disputes relating to registration of candidates. 2.4.2.11. A person aggrieved by the decision of an IEBC Returning Officer may appeal to the IEBC using the prescribed form (Rule 13, IEBC Rules of Procedure on Settlement of Disputes, 2012). 2.4.2.12. The courts will not entertain an electoral dispute which falls within the jurisdictional competence of the IEBC or any other body or tribunal (Francis Gitau Parsimei & Others v National Alliance Party & Others, Nairobi Constitutional Petition No. 356 of 2012; Republic v IEBC ex parte Charles Olari Chebet, Nakuru Miscellaneous Civil Application No. 3 of 2013;and Okiya Omtatah Okoiti & 15 Others v The Hon. Attorney General & 7 Others, Nairobi Petition E090 of 2022 (consolidated)). 2.4.2.13. A party who has exhausted the IEBC dispute resolution mechanism, however, may challenge the IEBC’s decision, or the process leading to that decision, through the High Court’s supervisory jurisdiction under Article 165(6) of the Constitution (Jared Odoyo Okello v IEBC & 3 Others, Kisumu Election Petition No. 1 of 2013). They may also institute judicial review proceedings under the Constitution or the Civil Procedure Rules (Reuben Kigame Lichete v IEBC & Another, Constitutional Petition E275 of 2022 (unreported)). This review jurisdiction does not extend to a consideration of new issues not raised before the IEBC NDRC (Republic v IEBC & Others, Ex Parte Wavinya Ndeti, Nairobi High Court Judicial Review Application No. 301 of 2017). 2.4.2.14. A disputant similarly has a right to fair administrative action remedies such as certiorari (Article 47 of the Constitution), particularly where there is an error on the face of the record or a defect in the process as opposed to the merits (Julius Chacha Mabanga v IEBC & Another, Nairobi Miscellaneous Civil Application No. 41 of 2013). 2.4.2.15. Unlike the PPDT, from which there is a statutory right of appeal, there is no express right of appeal from a decision of the IEBC NDRC to the High Court (Dennis Gakuu Wahome v IEBC and Others, Nairobi High Court Petition No. E321 of 2022 (Johnson Sakaja Koskei); and Reuben Kigame Lichete v IEBC & Another, Constitutional Petition E275 of 2022 (unreported)). 2.4.2.16. The jurisdiction of the High Court over a pre-election issue falling within the mandate of the IEBC is not ousted where the dispute has not been resolved by the IEBC (Kituo cha Sheria v John Ndirangu Kariuki, Nairobi Election Petition 8 of 2013; Janet Ndago Ekumbo Mbete v IEBC & 2 Others, Constitutional Petition 116 of 2013; and Habil Nanjendo Bushuru v IEBC & 3 Others, Kakamega HCEP 8 of 2017). In Silverse Lisamula Anami v IEBC & 2 Others, Supreme Court Petition 30 of 2018, the Court stated: … Our view is that Articles 88(4) (e) and 105 (1) and (3) must be read holistically, and that whereas the IEBC and PPDT are entitled, nay, empowered by the Constitution and Statute BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION