HEBERT MUGANDA V. WILFRED OLUOCH ODALO, JOHN OBONYO, ORANGE DEMOCRATIC MOVEMENT & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

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

The appeal was exhaustively argued before us on the 7^th day of June, 2017 by learned counsel Mr. Ochieng Opiyo, instructed by the firm of Ochieng Opiyo and Company Advocates for the appellant, Herbert Muganda (Herbert), Ochich T.L.O instructed by the firm of Ochich T.L.O and Company Advocates for the 1^st respondent, Wilfred Oluoch Odalo, (Wilfred); and George Wandati, instructed by the firm of Wandati and Company Advocates, for the 3^rd Respondent, the Orange Democratic Movement (ODM). There was no representation for the 2^nd respondent, John Obonyo (John), and the 4^th respondent, the Independent Electoral and Boundaries Commission (IEBC), but with notice. In a judgment dated the 12^th day of June 2017, we allowed the appeal against the impugned judgment of F. Tuiyot, J. dated the 23^rd day of May, 2017 on terms as follows:

“(1) The judgment, orders and decree of Hon. F. Tuiyot, J dated the 23^rd day of May, 2017 be and is hereb…