86 3.6.1.2.12 The party must also indicate the interest represented by each nominee and a nominee can only represent one interest at a time (Aden Noor Ali v Jubilee Party & 2 Others, PPDT Complaint 336A of 2017). 3.6.1.2.13 It is the responsibility of political parties, rather than the courts or the IEBC, to determine which of their members should be included in a party list, in which category and in what order of priority (Moses Mwicigi & 14 Others v IEBC & 5 Others, Supreme Court Petition No. 1 of 2015; Peninah Nandako Kiliswa v IEBC & 2 Others, Nairobi Civil Appeal No. 201 of 2013; Linnet Kemunto Nyakeriga & Another v Ben Njoroge & 2 Others, Nairobi Civil Appeal No. 266 of 2013; and Billy Elias Nyonje v National Alliance Party of Kenya & Another, Judicial Review 61 of 2013). 3.6.1.2.14 In other words, the IEBC has no power to ignore, re-arrange or disregard a political party’s preferred priority of candidates as set out in a party list (Linnet Kemunto Nyakeriga & Another v Ben Njoroge & 2 Others, Nairobi Civil Appeal No. 266 of 2013; Dubat Ali Amey v IEBC & 3 Others, Nairobi Chief Magistrate’s Court Election Petition No. 13 of 2013; Ben Njoroge & Another v IEBC & 2 Others, Nairobi High Court Petition No. 14 of 2013; Aden Noor Ali v IEBC & 2 Others, Nairobi Election Petition 11 of 2017) 3.6.1.2.15 It is the responsibility of the IEBC, however, to ensure that candidates nominated by way of party lists meet suitability and eligibility requirements set out in the Constitution and the Elections Act, 2011 (Regulation 54(5), Elections (General) Regulations 2012); (Moses Mwicigi & 14 Others v IEBC & 5 Others, Supreme Court Petition No. 1 of 2015; Micah Kigen & 2 Others v Attorney General & 2 Others, Nairobi High Court Constitutional Petition No. 268 of 2012; National Vision Party & Another v IEBC & Another, Makadara Chief Magistrate’s Court Election Petition No. 11 of 2013). 3.6.1.2.16 The IEBC may require a political party to review and amend a party list where, after scrutiny, the IEBC believes the party list does not conform to the requirements of the Constitution, the Elections Act, 2011 or Regulations made thereunder (Regulations 21(2) and 26(2), Elections (Primaries and Party Lists) Regulations; and Amani National Congress Party & Another v Hamida Yaroi Shek Nuri & Another (Election Petition Appeal 5 of 2018 & 1 of 2017 (Consolidated)). 3.6.1.2.17 The IEBC is obligated to supervise the process by which parties nominate candidates for the party list nominations (National Gender and Equality Commission (NGEC) v IEBC, Nairobi Constitutional Petition No. 147 of 2013). 3.6.1.2.18 As such, the IEBC has power to reject non-compliant lists s 34(6A) Elections Act No 24 of 2011; and Regulation 55, Elections (General) Regulations 2012). As stated by the Supreme Court in IEBC & 5 Others, Supreme Court Petition 1 of 2015: A political Party has the obligation to present Party lists to IEBC, which after ensuring compliance, takes the requisite steps to finalise the ‘elections’ for these special seats. In the event of non compliance by a political party, IEBC has power to reject the party list and to require the omission to be rectified, by submitting a fresh party list or by amending the list already submitted. 3.6.1.2.19 However, the rejection of a party nominee does not invalidate the entire list (Regulation 54(6), Elections (General) Regulations 2012). The formula for allocation of the party list is published by the IEBC (Regulation 56, Elections (General) Regulations 2012). 3.6.1.2.20Once the party list is submitted, it cannot be amended during the term of Parliament or County Assembly (s 34(10), Elections Act No 24 of 2011). However, a seat may be re-allocated where the representative of a political party: BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION