MAXWELL OCHIENG' V. ORANGE DEMOCRATIC MOVEMENT & GEORGE OMONDI

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 1^st respondent’s party primaries conducted on 30^th 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 2^nd respondent’s 568 votes but the Returning Officer unlawfully declared the 2^nd 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 1^st respondent’s County Appeals Tribunal, which ruled in his favour; revoked the 2^nd respondent’s nomination certificate; and ordered that the appellant be issued with the nomination certificate.

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

5. The PPDT …