34 & 4 Others, Nairobi Election Petition Appeal No. 5 of 2017). Section 40(1) of the Political Parties Act provides as follows: 40. Jurisdiction of Tribunal (1) The Tribunal shall determine— (a) disputes between the members of a political party; (b) disputes between a member of a political party and a political party; (c) disputes between political parties; (d) disputes between an independent candidate and a political party; (e) disputes between coalition partners; (f) appeals from decisions of the Registrar under this Act; (fa) disputes arising out of party nominations. Editorial note: The amendments to the Political Parties Act in 2022 changed the nomenclature of the process by which political parties select or elect candidates for the general election from ‘party primary’ to ‘party nomination’. 2.4.1.3.1 The PPDT has no jurisdiction to hear or determine a dispute under paragraphs (a), (b), (c), (e) or (fa) of the aforesaid section 40 unless the dispute has been heard and determined by the internal political party dispute resolution mechanisms (s 40(2), Political Parties Act; Jeremiah Ekaimas Lomorukai v County Government & 2 Others, Kitale Election Petition No. 11 of 2014; Francis Mutuku v Wiper Democratic Movement – Kenya & 2 Others, Machakos Election Petition No. 597 of 2014; Born Bob Maren v Speaker Narok County Assembly & 3 Others, Naivasha Election Petition No. 1 of 2014; Ephraim Mwangi Maina v Attorney General & 2 Others, Nairobi Election Petition No. 220 of 2011). 2.4.1.3.2 The PPDT, however, has jurisdiction to entertain an intra-party or inter-party dispute where the relevant political party has failed to: • establish internal dispute resolution procedures; or • hear and determine the dispute in accordance with its internal dispute resolution procedures. See Stephen Asura Ochieng & 2 Others v Orange Democratic Movement Party & 2 Others, Nairobi Constitutional Petition No. 288 of 2011; George Okode & 5 Others v The Orange Democratic Movement & Another, Nairobi Constitutional Petition No. 294 of 2011; and Samuel Kalii Kiminza v Jubilee Party & Another, Civil Appeal No. 157 of 2017. 2.4.1.3.3 Of the disputes arising from party primaries in the run up to the 2017 and 2022 general elections, the High Court had occasion to further clarify the jurisdiction of the PPDT. In respect of party nominations, the jurisprudence and amended Political Parties Act have clarified that the PPDT has jurisdiction to hear disputes arising out of party nominations (s 40(1)(fa), Political Parties Act; and The Party of National Unity v Dennis Mugendi & 3 Others, Nairobi High Court Election Petition Appeal No. 1 of 2017). Any irregularity arising out of party BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION