CLIFFORD ODHIAMBO MWALO V. ROY OCHIENG SAMO, ORANGE DEMOCRATIC PARTY, ODM NATIONAL ELECTIONS BOARD & INDEPENDENT ELECTROAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

1. This appeal arises from the decision of Mwongo, P.J. made on 22^nd 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 1^st respondent, among others, participated in the 1^st respondent’s nominations on 25^th April, 2017 for the Kajulu Ward Member of County Assembly seat, Kisumu County.

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

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