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…