The High Court in Eldoret has ordered The National Alliance (TNA) party to pay a 2013 senatorial aspirant in Uasin Gishu Sh252,000 for failing to conduct party nominations in the County.
The petitioner Brigadier Emiliano Kipkorir, a retired military officer moved to court on June 11, 2014 seeking compensation of all the costs he had incurred in preparation for the general elections.
In petition 20 of 2014, Tonui stated he had intended to contest for the position on the National Alliance Party (NAP) thereafter TNA but nominations never happened after the party merged with the United Republican Party (URP.)
According to the petitioner, he had completed forms A and B for membership of TNA and paid Sh2,000 for registration and Sh.250,000 as nomination fees on January 2013 and began campaigns.
Tonui claimed he spent Sh847, 670 to print campaign related literature, recruited members and paid office rent of Sh26,000, lost gainful employment, incurred costs of a helicopter pilot of Sh2.1 million, spent Sh864,000 on logistics and prematurely disposed assets worth Sh1 million.
He sought the court to declare that his political rights enshrined in Article 38 and 91 of the constitution were violated by the party, an order for damages of Sh5million for discrimination embarrassment and harassment and a refund of the costs he incurred in preparation for the elections.
In the matter, Mr. Onyango Oloo swore a replying affidavit on December 4th 2014 and conceded that the petitioner had paid Sh250,000 and Sh2,000 for nomination and registration respectively but denied all the other claims.
Oloo contested that the claim was an electoral dispute that should have been lodged with either TNA organs or the Political Parties Disputes Tribunal and Independent Electoral and Boundaries Commission (IEBC) thus terming the petition incompetent.
He further disclaimed the harassment and discrimination claims by Tunoi stating that the latter failed to show the pre-election agreement between TNA and URP which stated that the former could not field candidates in URP strongholds like Uasin Gishu.
Justice George Kimondo stated he was satisfied the petitioner was an aspiring candidate for the Uasin Gishu Senate seat and the conduct of TNA officials in January 2013 gave an impression the party would field candidates, the party nominations were slated for January 17th .
"TNA National chairman, Johnson Sakaja and director of communications Michel Waikenda visited the county and assured the petitioner and other aspirants nominations would be conducted fairly in the county," read Kimondo.
The judge though dismissed receipts presented by the petitioner as proof of the costs he claimed because they didn't have a revenue stamp as required by the Stamp Duty Acts.
He said the burden to prove special damages fell upon the petitioner who failed to prove.
"On the political rights it is clear that the petitioner is silent on the pre-election agreement between TNA and URP which bound him. The claim amounts to nomination or election dispute which the constitution gives clear legal resolution ways," he read.
Justice Kimondo said the petitioner should have utilized internal TNA internal party resolution mechanisms and also had the liberty to refer to IEBC, adding that the petitioner did not refer the dispute to the mandated organs in time.
"Judgment on admission is entered for the petitioner against the respondent in the sum of Sh252, 000. Interests shall apply at court rates from December 6th, 2012 when the deposit was made until full payment. The remainder of the petition is dismissed," read justice Kimondo.