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Orange Democratic Movement Kenya v. Henry Bill Mwendwa, Mwiyathi Mutia, Joseph Kalenga, Abaroba Godana, Town Clerk, Minicipal Council of Mavoko, Town Clerk, County Council of Kitui, Town Clerk, Municipal Council of Kitui, Minister for Local Government & Attorney General

(2008) JELR 94903 (CA)

Court of Appeal  •  Civil Appli. 256 of 2008  •  17 Oct 2008  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya

Judgement

RULING OF THE COURT

By Gazette Notice No. 1276 of 22nd February 2008, Henry Billy Mwendwa, Miwathi Mutua, Joseph Kalenga and Abaroba Godana the 1st , 2nd , 3rd and 4th respondents in the application before us, were notimated, among other people, to serve as councilors in various Local Authorities in the country. They were nominated to represent various political parties in the country, among them, the Orange Democratic Movement Kenya, the applicant in the motion before us. The nomination of the four mentioned persons, among other people, was revoked through Gazette Notice No. 1277 of 25th February 2008, signed by Uhuru Kenyatta, as Minister for Local Government.

The aforementioned four persons were aggrieved and on 27th February 2008, upon application, were granted leave to apply for orders of certiorari, to remove to the High Court for quashing, the minister’s decision in revoking their nomination, and for prohibition to prevent the respective local authorities to which they were nomin…

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