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

(2017) JELR 100713 (CA)

Court of Appeal  •  Civil Appeal 203 of 2017  •  29 Sep 2017  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

(RULE 32(5), COURT OF APPEAL RULES)

1. On 21st July 2017, we dismissed the appellant's appeal and allowed the respondents cross appeal with the consequence that the orders of the High Court made on 16th June 2017 were set aside and substituted with an order setting aside the decision of the Political Parties Disputes Tribunal (PPDT). We clarified that the decision of the Internal Dispute Resolution Mechanism (IDRM) of Wiper Democratic Movement-Kenya made on 4th June 2017 and the nomination certificate issued to the 2nd respondent, Jacob Kilonzi Maundu, (Maundu) shall remain valid. Each party was to bear its own costs of the litigation. We then reserved the reasons for that decision which we now give.

2. We may briefly rehash the facts:

The appellant (Musyoki) and Maundu are members of the 1st respondent (Wiper). 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, 201…

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