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JUDGMENT
The factual background of the appeal before us is that the appellant, Isaac Aluoch Polo Aluochier, (“the appellant”) an aspirant to the position of Member of County Assembly (MCA), East Kamagambo Ward in the Migori County, filed a complaint with the Dispute Resolution Committee (“the Committee”) of the 1st respondent, the Independent Electoral and Boundaries Commission ( “the IEBC”) on 9th June 2022 claiming that the 2nd - 16th respondents, who had been cleared to run for the 9th August 2022 general elections to Membership of the Migori County Assembly (“the Assembly”) did not satisfy the requirements of Article 193(1) (b) of the Constitution.
According to the appellant, the 2nd-16th respondents were allegedly not eligible for election to the Assembly as they did not meet the requisite moral and ethical fitness. He claimed that the said respondents, having resigned from the Orange Democratic Movement (“ ODM”) party under which they were previously elected as members of the Migo…