JARED ODOYO OKELLO & JOEL OMAGWA ONYANCHA V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, RETURNING OFFICER, NYANDO CONSTITUENCY, DAVID MBUI, FREDERICK OUTA, ODM PARTY, PETER KIMORI MARANGA, ALBERT MBAKA NYAUNDI & GILBERT SEREM

RULING OF THE COURT

This consolidated ruling arises from preliminary objections raised in Civil Appeal No. 16 of 2013 and Civil Appeal No. 19 of 2013 from which a common issue for determination arose.

The issue for determination common to both appeals and which is the subject of this ruling is whether this Court can entertain an appeal from an interlocutory decision of an election court.

Background to Civil Appeal No 16 of 2013

In Civil Appeal Number 16 of 2013, the appellant, JARED ODOYO OKELO, was a candidate in the 4th March 2013 elections for Member of National Assembly, Nyando Constituency, having been nominated by the political party known as Ford Kenya. The other contestants included Fredrick Otieno Outa, the 3rd respondent, under ODM Party, Martin Omulo under NARC Kenya Party and Nicholas Awando Otieno under TNA Party.

On 5th March, 2013 the Independent Electoral and Boundaries Commission (IEBC), the 2nd respondent, declared the 3rd respondent, Fredrick Otieno Outa as the winner of…