LILIAN GOGO V. JOSEPH MBOYA NYAMUTHE, ORANGE DEMOCRATIC MOVEMENT, GEORGE ONER, WILLIAM OBURO ODAJE & JOHN WASHINGTON AGUTU

JUDGMENT OF THE COURT

1. This appeal raises the question whether the Political Parties Disputes Tribunal (the PPDT) established under Section 39 of the Political Parties Act, (the Act) can hear and determine a dispute arising out of party primaries before such a dispute is heard and determined by the internal political party dispute resolution mechanism.

Background

2. Aspiring to vie for the position of Member of the National Assembly for Rangwe Constituency in the general elections scheduled for 8^th August 2017, Joseph Mboya Nyamuthe, the 1^st respondent, amongst other aspirants, sought nomination for that position by The Orange Democratic Movement, the 2^nd respondent, during that party’s primaries held on 24^th April 2017 in which Dr. Lillian Gogo, the appellant was declared the winner.

3. Aggrieved, the 1^st respondent lodged a claim with PPDT. In his statement of claim submitted to the PPDT dated 5^th May 2017, the 1^st respondent sought orders, among others, that the nomination certificat…