Eric Kyalo Mutua v. Wiper Democratic Movement-Kenya & Gideon Mutemi Mulyungi

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NAMBUYE, MUSINGA and GATEMBU, JJ.A)

CIVIL APPEAL NO.173 OF 2017

BETWEEN

ERIC KYALO MUTUA......................................................APPELLANT

AND

WIPER DEMOCRATIC MOVEMENT-KENYA....1^ST RESPONDENT

GIDEON MUTEMI MULYUNGI.............................2^ND RESPONDENT

(An Appeal from the Judgment of the High Court of Kenya

at Nairobi (Muchelule, J) delivered on 8^th June, 2017

in

H. C. ELECTION PETITION APPEAL NO. 93 OF 2017)

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Reasons for the Judgment of the Court

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

1. In a judgment delivered on 21^st June 2017 this Court dismissed the appellant’s appeal from the judgment of the High Court (Muchelule, J) dated 8^th June 2017 and reserved the reasons for the judgment. We now give our reasons for dismissing the appeal.

Background

2. The appellant sought the nomination of the 1^st respondent for the position of Member of National Assembly Mwingi Central Constituency in a nomination ex…