JANE CHEPERENGER INGO V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION,UNITED REPUBLICAN PARTY & IRINE KIMUTAI CHESANG

JUDGMENT OF THE COURT

The Court, in this appeal, has been asked to make a determination whether the High Court was in error in upholding the finding of the Independent Electoral and Boundaries Commission (IEBC) Nomination Dispute Resolution Committee’s decision declaring the 3^rd respondent, Irene Chemutai Chesang instead of the appellant, Jane Cheperenger Ingo as the valid nominee for the United Republican Party (URP), the 2^nd respondent, for the Bungoma County Assembly.

It was in evidence, before both the Committee and the High Court that on 13^th January 2013 the officials of URP Bungoma County met and resolved to nominate the appellant as their representative to the County Assembly in terms of Article 177 (1) (b) of the Constitution. The appellant made a formal application for the seat, paid Kshs. 10,000/= nomination fees and was thereafter issued with an “Acknowledgment Certificate” to signify that she had complied with the requirement for nomination for the position of member of Cou…