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Maxwell Ochieng' v. Orange Democratic Movement & George Omondi

(2017) JELR 99195 (CA)

Court of Appeal  •  Civil Appeal 170 of 2017  •  29 Sep 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NAMBUYE, MUSINGA and GATEMBU, JJ.A.)

CIVIL APPEAL NO. 170 OF 2017

BETWEEN

MAXWELL OCHIENG’ ....................................... APPELLANT

VERSUS

THE ORANGE DEMOCRATIC MOVEMENT ..... 1ST RESPONDENT

GEORGE OMONDI .................................... 2ND RESPONDENT

(Being an appeal from the Judgment and Order of the High Court of Kenya at Nairobi (Lesiit, J.) delivered on 2nd June, 2017 in ELECTION PETITION APPEAL NO. 79 OF 2017)

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REASONS FOR JUDGMENT

1. On 23rd June, 2017 this Court partially allowed this appeal, set aside the High Court judgment dated 2nd June, 2017 and ordered the 1st respondent to conduct fresh nomination exercise for the position of member of County Assembly, Korogocho Ward, (the Ward) Ruaraka constituency within Nairobi County, in accordance with the 1st respondent’s Election and Nomination Rules. Each party was ordered to bear its own costs.

2. In view of the urgency of the appeal, the Court was not able to…

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