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Emmanuel A Achayo v. Orange Democratic Movement Party, County Appeals Tribunal (ODM), Abigael Perpetua Awino, Independent Electoral and Boundaries Commission & Registrar of Political Parties

(2017) JELR 102447 (CA)

Court of Appeal  •  Civil Appeal 141 of 2017  •  6 Oct 2017  •  Kenya

Roselyn Naliaka Nambuye, William Ouko, Patrick Omwenga Kiage



(Rules 32(5) of the Court of Appeal Rules)

On 6th day of June, 2017 we rendered an unanimous judgment in which we declared that the nomination exercise conducted by the Orange Democratic Movement Party for Member of County Assembly for Gem Central Ward, Siaya County conducted on 25th April, 2017 in which the 3rd respondent was declared the party nominee was so chaotic and so incredible as to leave no doubt that the outcome of that exercise and the decisions of Siaya County Appeals Tribunal, the Political Parties Dispute Tribunal and the High Court confirming it could not stand. Accordingly, in our judgment, we allowed the appeal with costs, set aside the judgment of the High Court rendered on 21st May, 2017 and ordered the 1st respondent to conduct fresh nominations for Gem Central Ward Member of County Assembly, within forty eight (48) hours from 4 pm on the 6th June, 2017.

Briefly, both the appellant and the 3rd respondent participated as contestants in the party …

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