84 nomination certificate by a political party. It is a game of numbers. Unless electoral malpractices are established, the will of the people expressed by voters must be respected. 3.6.1.1.14 Courts have no original jurisdiction in disputes relating to party primaries (now party nominations) or nomination of candidates (Francis Gitau Parsimei & 2 Others v National Alliance Party & 4 Others Nairobi High Court Constitutional Petition No. 356 of 2012; Jared Odoyo Okello v IEBC & 3 Others Kisumu High Court Election Petition No. 1 of 2013; and Isaiah Gichu Ndirangu & 2 Others v IEBC & 4 Others, Nairobi High Court Petition No. 83 of 2015). Accordingly, courts have determined in relation to the 2017 pre-elections disputes that the established dispute resolution structure as provided in the Political Parties Act in respect to party primaries (now party nominations) dictates that a person must approach the IDRM, the PPDT and ultimately the High Court in that order. Nomination rights can therefore only be realised within this structured process. One will not be allowed to come directly before the High Court however much they feel aggrieved (Vincent Ngw’ono Manyisa v Wiper Democratic Party & 3 Others, Nairobi High Court Election Petition Appeal No. 38 of 2017 at para 5). 3.6.1.1.15 Once political parties have conducted their nominations, they have 30 days to resolve all disputes arising out of their nomination processes through their IDRM processes (s 38I of the Political Parties Act; and Hussein Weytan Mohamed Abdirahman v Deka Ali Khala & 3 Others Civil Appeal No E326 of 2022.) 3.6.1.2 Party list nominations 3.6.1.2.1 Party list nominations are carried out forty-five days before a general election (s 35 of the Elections Act No 24 of 2011)) and the seats are allocated by the IEBC no later than 30 days after a general election (s 36(4) of the Elections Act No 24 of 2011). 3.6.1.2.2Each party prepares a list of all the persons who would stand elected if the party were entitled to all the nominated slots in Parliament and the county assemblies (Art 90(2)(a) of the Constitution; s 34 of the Elections Act No 24 of 2011; and Reg 20(1) Elections (Party Primaries and Party Lists) Regulations 2017). Party lists must be prepared in order of priority and alternate between male and female candidates (Article 90(2)(b) of the Constitution; s 34(5), Elections Act No 24 of 2011; Regulation 20(1), Elections (Party Primaries and Party Lists) Regulations 2017). 3.6.1.2.3Party lists for Parliament must reflect the regional and ethnic diversity of Kenya (Article 90(2) (c) of the Constitution, while party lists for county assemblies must reflect the community and cultural diversity of the county and ensure adequate representation of minorities (s 7(2) County Governments Act). 3.6.1.2.4 Party lists are only valid for one term of Parliament (s 34(7), Elections Act No 24 of 2011) and presumably, this term limit also applies to County Assembly party lists. Parties cannot include persons who have been nominated for the general election (s 34(9) Elections Act No 24 of 2011). 3.6.1.2.5Party list slots ought to be reserved for persons who would otherwise be excluded in the first past the post elections for varied reasons. It is not open to political parties to adopt their own meaning of ‘special interest’ (Commission for the Implementation of the Constitution v Attorney General & 2 Others, Civil Appeal 351 of 2012). Therefore, including persons who are able to contest elective positions such as presidential and deputy presidential candidates in party lists amounts to an ‘irrational superimposition of well-heeled individuals on a list of the disadvantage and marginalised to the detriment of the protected classes or interests’(Commission for the Implementation of the Constitution v Attorney General & 2 others Civil Appeal 351 of 2012). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION