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Clifford Odhiambo Mwalo v. Roy Ochieng Samo, Orange Democratic Party, ODM National Elections Board & Independent Electroal and Boundaries Commission

(2017) JELR 103145 (CA)

Court of Appeal  •  Civil Appeal 205 of 2017  •  21 Jul 2017  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

1. This appeal arises from the decision of Mwongo, P.J. made on 22nd June, 2017 which simply reads: “The matter is marked as settled.” It is necessary to set out the background that gave rise to that short impugned decision or finding.

2. The appellant and the 1st respondent, among others, participated in the 1st respondent’s nominations on 25th April, 2017 for the Kajulu Ward Member of County Assembly seat, Kisumu County.

3. The 1st respondent was declared the winner and issued with an interim certificate of nomination on 29th April, 2017. However, the 2nd and 3rd respondents issued the appellant with a final nomination certificate. As a result, the 1st respondent filed a complaint at the Political Parties Disputes Tribunal (PPDT) challenging the 2nd respondent’s action of issuing the final nomination certificate to the appellant.

4. The PPDT allowed the 1st respondent’s complaint and restrained the 2nd respondent from issuing a nomination certificate to any person …

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