JECONIA OKUNGU OBUTU & JULIUS OOKO OKAYO V. ORANGE DEMOCRATIC MOVEMENT PARTY,SIAYA COUNTY RETURNING OFFICER,CORNEL RASANGA AMOTH,NICOLAS ODERO GUMBO,CAREY OREGE,WILLIAM ODUOL & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

[1] This is an appeal from the Judgment of the High Court (Mwita, J) allowing the appeal by Cornel Rasanga Amoth – the 3^rd respondent in this appeal. The appeal by the 2^nd respondent in the High Court was from the Judgment of the Political Parties Disputes Tribunal (PPDT) established under section 39(1) of the Political Parties Act – Act No. 11 of 2011 which judgment in essence nullified the nomination of the 3^rd respondent as Orange Democratic Party (ODM) nominee for election as a Governor of Siaya County in the National General Elections to be held on 8^th August, 2017.

[2] The background to the nomination disputes is briefly as follows:

On 25^th April 2017, ODM conducted party primaries for nomination of candidates in Siaya County for the position of Governor, Senator, Member of National Assembly, Members of County Assembly and County Women Representative. After the elections, the 3^rd respondent was declared the winner for the position of the Governor and was issue…