SAMUEL KALII KIMINZA V. JUBILEE PARTY & RACHAEL NYAMAI

JUDGMENT OF THE COURT

1. This is a second appeal from the initial decision of the Political Parties Disputes Tribunal (the Tribunal) arising out of the political parties primaries.

2. Briefly, the facts leading to this appeal are that the Hon. Samuel Kalii Kiminza (the Appellant), and the Hon. Rachael Nyamai (the 2^nd Respondent) being members of the Jubilee Party (the 1^st Respondent) were to take part in party primaries conducted for the position of Member of the National Assembly for the Kitui South Constituency. However, it would appear that no nominations for that position were conducted by the 1^st Respondent. The Appellant lodged an initial complaint before the Tribunal which complaint was dismissed for the reason that the Appellant had ignored the internal dispute resolution mechanisms for the Jubilee Party. Meanwhile, the 1^st Respondent directly nominated the 2^nd Respondent and issued her with a Nomination Certificate.

3. The Appellant, through its advocates, wrote to the 1^st Respo…