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Joseph Ibrahim Musyoki v. Wiper Democratic Movement-Kenya & Kilonzi Maundu

(2017) JELR 100712 (CA)

Court of Appeal  •  Civil Appeal 203 of 2017  •  21 Jul 2017  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

1. As correctly observed by the High Court, this case has had a chequered history within a span of 45 days and it is necessary to briefly restate the facts.

2. The appellant (Musyoki) and the 2nd respondent (Maundu) are members of the 1st respondent (the Party). They took part in the party nomination exercise for Member of the County Assembly for Nuu Ward of Mwingi Constituency in Kitui County held on 30th April, 2017. According to the returns made to the party, Musyoki garnered 1903 votes against Maundu's 1860. Maundu was not satisfied with those returns and filed a complaint with the National Appeals Tribunal (NAT) of the party on 2nd May, 2017 but the complaint was dismissed. Musyoki then expected the party to issue him with the nomination certificate but that was not to be. Instead, the National Elections Board (NEB) of the party disqualified him on account of some alleged breaches of the party's code of conduct.

3. Musyoki denied those allegations and rushed to…

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