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

JUDGMENT

KIAGE, JA’S REASONS FOR THE JUDGMENT

1. By our judgment delivered on 7th June, 2022, we allowed the appellants’ appeal and remitted the matter to the Political Parties Disputes Tribunal (The Tribunal) for the expedited hearing of their review application dated 28th April, 2022. We found to be erroneous the holding by the High Court at Kakamega (Musyoka, J.) that a notice of appeal previously filed by the appellants precluded them from pursuing the said review application before the Tribunal but reserved our reasons. These are mine.

2. The 1st and 2nd appellants had initially been sued through a complaint before the Tribunal by David Kubasu Shimenga the 1st respondent, over the issuance of a party nomination certificate to Ramadhan Butichi, the 3rd appellant herein to represent Amani National Congress for the Ikolomani Constituency National Assembly contest. The Tribunal by a judgment delivered on 28th April, 2022 found in favour of the 1st respondent.

3. Following that judgment, the said …