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Mogesi Agnes Bange,Millicent Akinyi Odalo,Florence Adongo Ochieng,Lilian Anyango Otieno,Asenath Adhiambo Oloo,Halima Omar Marwa,Hellen Moraa Omwoyo,Hellen Atieno Oduor & Grace Achieng Otieno v. Independent Electoral & Boundaries Commission,Orange Democratioc Movement,Carolyne Akinyi Okere,Elizabeth Talla,Rose Aoro,Nary Dede Odiga,Judith Gad,Ruth Atieno Onyango,Clarris Dolly Oyoo,Grace Akinyi Odhiambo,Florence Abich Oile,Roseline Adhiambo Oyoo & Dorine Dande

(2019) JELR 99032 (CA)

Court of Appeal  •  Election Petition Appeal 35 of 2018  •  24 Jan 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This appeal originates from an election petition that was filed by the appellants before the Chief Magistrate’s Court at Migori. The appellants had sought declarations: that their rights to participate in the activities of the 2nd respondent herein-Orange Democratic Movement (ODM), had been violated; and that the declaration by Gazette Notice No. 8380 published by the 1st respondent herein the Independent Electoral and Boundaries Commission (IEBC), on 28th August, 2017, relating to the nomination of 3rd to 13th respondents as members of the County Assembly of Migori, under the gender top up list is illegal and void. Consequently, the appellants sought an order nullifying the nomination and gazettment of the 3rd to 13th respondents as members of the County Assembly of Migori; and an order directing ODM and IEBC to nominate and gazette the petitioners in accordance with a decision made by the Political Parties Dispute Tribunal (PPDT) on 2nd August, 2017 in compl…

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