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Asura Ochieng & 2 Others v Orange Democratic Movement Party & 2 Others, Nairobi Constitutional
Petition No. 288 of 2011; Samuel Kalii Kiminza v Jubilee Party & Another, Civil Appeal No. 157
of 2017, George Okode & 5 Others v The Orange Democratic Movement & Another, Nairobi
Constitutional Petition No. 294 of 2011). In terms of party primary dispute resolution timelines,
political parties are required to ‘hear and determine all intra party disputes arising from political
party nominations within thirty days’ (s 38I, Elections Act, 2011; and Hussein Weytan Mohamed
Abdirahman v Deka Ali Khala & 3 Others Civil Appeal No E326 of 2022).
2.4.1.1.7 A person who is aggrieved by the decision of the internal party dispute resolution mechanism
can refer the dispute to the PPDT, not the IEBC (s 40(1)(fa) of the Political Parties Act; Moses
Mwicigi & 14 Others v IEBC & 5 Others, Supreme Court Petition No. 1 of 2015).
2.4.1.1.8 For the PPDT to be seized of the matter, it is sufficient to demonstrate that an attempt was
made to resolve the dispute through the IDRM (s 40(2), Political Parties Act No 11 of 2011;
Ibrahim Abdi Ali v Mohamed Abdi Farah & Another, Complaint No 29 of 2015; Jared Kaunda
Chokwe Barns v Orange Democratic Movement & 2 Others, Complaint No. 259 of 2017). A court
will only interfere in internal party processes where the political party is reluctant to enforce its
own rules and decisions of its own tribunals or the PPDT (Abdul Salam Kassim v Hazel Nyamoki
Katana & Another, Election Appeal 87 of 2017).
2.4.1.2 The Registrar of Political Parties
2.4.1.2.1 The Registrar of Political Parties may investigate and act on complaints against political parties
(s 34 and 34C of the Political Parties Act; Amani National Congress Party v Hon. Godfrey Osotsi
& Registrar of Political Parties, consolidated with National Congress Party v Hon. Godfrey Osotsi,
Civil Appeal No. 511 & 512 of 2019).
2.4.1.2.2 The Registrar of Political Parties may investigate and act on complaints against political
parties (s 34(g), Political Parties Act).
2.4.1.2.3 It is also the role of the Registrar of Political Parties to verify party membership of those on
the party list (s 34(fc), Political Parties Act; s 34(8), Elections Act).
2.4.1.2.4 It is also the role of the Registrar to certify party lists (s 35A of the Elections Act). Disputes
arising from certification of party lists are to be heard by the PPDT (s 35A(3), Elections Act).
2.4.1.2.5 The decisions of the Registrar, in this regard, are appealable to the PPDT (s 40(1)(f), Political
Parties Act).
Editorial Note: While the Political Parties Amendment Act No 2 of 2022 had
attempted to confer on the Registrar the role of supervising the conduct of
party nominations, the High Court in Salesio Mutuma Thuranira & 4 Others v
Attorney General & 2 Others; Registrar of Political Parties & 4 Ohers (Interested
Parties), Petition E043, E057 & E109 of 2022, declared section 34(fd) of the
Act unconstitutional as the mandate of supervising party nominations had
been conferred on the IEBC by the Constitution itself.
2.4.1.3 The Political Parties Disputes Tribunal
The PPDT has jurisdiction to hear and determine: (i) disputes within and among political parties;
and (ii) appeals from decisions of the Registrar of Political Parties (s 40(1), Political Parties Act;
Stephen Asura Ochieng & 2 Others v Orange Democratic Movement Party & 2 Others, Nairobi
Election Petition No. 288 of 2011); and Joseph Mboya Nyamuthe v Orange Democratic Movement
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION