MAXWELL OCHIENG' V. ORANGE DEMOCRATIC MOVEMENT & GEORGE OMONDI

REASONS FOR JUDGMENT

1. On 23^rd June, 2017 this Court partially allowed this appeal, set aside the High Court judgment dated 2^nd June, 2017 and ordered the 1^st 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 1^st 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 give reasons for its decision on 23^rd June as above stated; it indicated that the reasons would be given on 28^th July, 2017. That we hereby do.

BACKGROUND

3. The appellant and the 2^nd respondent were contestants in the 1^st respondent’s party primaries held on 30^th April, 2017 for the position of member of County Assembly for the aforesaid ward. The appellant allegedly garnered 635 votes but the Returning Officer declared that he got 600 votes. The 2^nd respondent was declared the winner, h…