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Mohammed Abduba Dida v. Debate Media Limited & Media Council of Kenya

(2018) JELR 98998 (CA)

Court of Appeal  •  Civil Appeal 238 of 2017  •  4 May 2018  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant, Mohammed Abduba Dida, ( Dida) is dissatisfied with the decision of the Constitutional and Human Rights Division of the High Court, which concluded that Mr. Dida, a Presidential candidate in the 2017 General Elections had not been discriminated against by the respondents when they designated the 10th July 2017 and 24th July 2017 to hold two televised presidential debates but without him as a participant.

In a notice of motion dated 29th June, 2014 (erroneous date) and supported by an affidavit sworn by Dida of the same date, he sought conservatory orders against the respondents to restrain them from carrying on the presidential debates on the two dates pending the hearing and determination of the application on the grounds that Dida was a presidential candidate contesting under the Alliance for Real Change Party having been cleared as such by the Independent Electoral and Boundaries Commission (IEBC); that by holding the presidential debates on two di…

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