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Beatrice Nyaboke Oisebe v. Independent Electoral and Boundaries Commission & Muslima Dida Interested Party United Democratic Forum Party

(2013) JELR 105507 (CA)

Court of Appeal  •  Civil Appeal 179 of 2013  •  11 Oct 2013  •  Kenya

David Kenani Maraga, John Wycliffe Mwera, Jamila Mohammed



The appeal herein based on 4 grounds, followed judgment of the High Court (Ngugi, Majanja, Korir, JJ.) delivered on 12th July, 2013 after hearing a judicial review case – JRC.215/2013 filed by appellant Beatrice Nyaboke Oisebe against the two respondents. The United Democratic Forum Party (UDFP) appeared as an interested party. In paraphrase, the grounds were as follows:

the learned judges and the Nomination Disputes Resolutions Tribunal erred in basing their judgment on the 1st respondent’s (IEBC) non-existent party list;

the said judges and tribunal erred in arriving at a decision that the name of the 2nd respondent was in the 1st respondent’s first submission of political parties list to Kisii County Assembly when in fact such a name did not feature;

both the judges and the Tribunal failed to analyse the evidence on record;

the judges and the Tribunal did not read the law to arrive at a just conclusion.

Basically the appellant was complaining that she and not the 2…

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