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Maxwell Ochieng' v. Orange Democratic Movement & George Omondi

(2017) JELR 99194 (CA)

Court of Appeal  •  Civil Appeal 170 of 2017  •  23 Jun 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal from the original judgment of the Political Parties Disputes Tribunal (PPDT), in relation to the 1st respondent’s party primaries conducted on 30th April, 2017 for the position of Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County.

2. The appellant alleged that he garnered 635 votes against the 2nd respondent’s 568 votes but the Returning Officer unlawfully declared the 2nd respondent as the winner, saying that he obtained 619 votes while the appellant managed 600 votes.

3. The appellant contested the results and filed a complaint before the 1st respondent’s County Appeals Tribunal, which ruled in his favour; revoked the 2nd respondent’s nomination certificate; and ordered that the appellant be issued with the nomination certificate.

4. That notwithstanding, the 1st respondent issued the 2nd respondent with the final nomination certificate, prompting the appellant to file a complaint before the PPDT.

5. The PPDT …

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