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December 14, 2018

PNU loses bid to retain officials elected in 2016

Judge John  Mativo of the highcourt gives a ruling at Milimani court where he ordered the IEBC to include the name of Thirdway Alliance Presidential candidate Dr.Ekuru Aukot on the ballot paper for October 26 repeat general election.PHOTO/COLLINS KWEYU
Judge John Mativo of the highcourt gives a ruling at Milimani court where he ordered the IEBC to include the name of Thirdway Alliance Presidential candidate Dr.Ekuru Aukot on the ballot paper for October 26 repeat general election.PHOTO/COLLINS KWEYU

PNU yesterday suffered a setback after a court dismissed a case in which it had challenged the decision by the Political Parties Disputes Tribunal to degazette officials.

Justice John Mativo ruled that PNU had not established any grounds for the court to grant judicial review orders and their case was dismissed.

PNU filed the lawsuit last year in a bid to quash the decision by the Political Parties Disputes Tribunal, which assumed jurisdiction and reversed a High Court order dated April 21, 2017.

The party wanted the court to prohibit the tribunal from carrying out any further proceedings with regard to the facts surrounding the gazettement of PNU officials elected on October 29, 2016.

Judge Mativo said the role of the judicial review is supervisory. He said the tribunal is vested with powers to entertain the proceedings and no abuse of such powers has been alleged or proven.

“The judgment rendered by the PPDT clearly shows that PNU raised an objection before them to the effect that the matters in question were not determined by the High Court,” the judge ruled. He said inviting the court to reopen the issue is a merit review, which is a ground of appeal outside the functions and scope of the judicial review.

PNU had also sought to compel the Registrar of Political Parties to gazette officials elected at the National Delegates Conference held in October 2016.

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