LOICE AKOTH KAWAKA & ANOR V. OSCAR OLUOCH OUMA & 3 ORS

JUDGMENT

1. We have carefully considered the memorandum of appeal, the record of appeal, the written submissions and authorities filed by the parties herein.

2. We have also paid careful attention and given due consideration to the oral arguments made by learned counsel who appeared before us, namely; Mr. Ochiel Dudley for the appellants and Mr. Muganda for the 3rd and 4th respondents, who also support the appeal, as well as Mr. Duncan Okatch for the 1st respondent and Ms. Masaai, for the 2nd respondent who are opposed to it.

3. Our decision on the appeal is that the learned Kiarie J, erred in allowing with costs the petition that was before him, quashing the decision of the 3rd Respondent’s Dispute Resolution Committee made on 17th June, 2022 and issuing a writ mandamus against the 3rd Respondent.

4. We accordingly allow this appeal and set aside in entirety the learned Judge’s judgment and decree dated 6th July, 2022. We substitute therefor an order dismissing the petition, but with no order as to …