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John Orwa v. Orange Democratic Movement Party & 3 others

(2017) JELR 100793 (CA)

Court of Appeal  •  Civil Appeal 215 of 2017  •  21 Jul 2017  •  Kenya

Coram
Philip Nyamu Waki, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant, John Orwa and the 3rd respondent, George Okinyi Omamba were contestants for nomination by the Orange Democratic Movement Party (ODM), the 1st respondent, for the position of Member of County Assembly, North Kanyamkago Ward Migori County in a nomination exercise held on 24th April, 2017.

2. The appellant contends that he won the nomination. He asserts that the respondents attempted to deny him his victory and that the 1st respondent declined to issue him with a nomination certificate. As a result he lodged a complaint with the 1st respondent’s internal dispute resolution mechanism, namely Migori County ODM Elections Appeals Tribunal on 29th April, 2017. That tribunal ordered the 1st and 2nd respondents to issue the appellant with the final nomination certificate for the position in question.

3. The appellant says that the 1st and 2nd respondents, failed to obey the order made by the Migori County ODM Elections Appeals Tribunal as a result of which h…

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