AMANI NATIONAL CONGRESS PARTY & 2 ORS V. DAVID KUBASU SHIMENGA & ANOR

JUDGMENT

1. We have considered the memorandum of appeal filed herein together with the written submissions filed by the parties to the appeal and the various authorities cited.

2. Having also heard the addresses by Mr. Malenya, learned counsel holding brief for Mr. Biketi for the appellant, and Mr. Isinta, learned counsel for the 1st respondent and noted the comment by Mr. Bosire, learned counsel for the 2nd respondent that he would rely on his written submissions entirely without highlighting, our decision on the appeal is as follows;

   a. That the learned Judge erred in law in holding that the notice of appeal filed in the High Court precluded the appellants from pursuing their application for review before the Political Parties Dispute Tribunal.

   b. That this appeal therefore succeeds, and the judgment and decree of the High Court allowing the 1st respondent’s appeal be and is hereby set aside, substituting therefor an order that the said appeal be dismissed.

   c. That in consequence, the appellan…