ORANGE DEMOCRATIC MOVEMENT V. YUSUF ALI MOHAMED, JOHN OSING AYAPAN, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), LILLIAN JEBIWOT KIMOSOP, ESTHER APETET & CLERK TURKANA COUNTY ASSEMBLY

JUDGMENT OF THE COURT

1. The uncontested fact in this appeal is that the appellant, the Orange Democratic Movement (ODM) is a political party which fielded candidates for nomination and elections in the 2017 general elections. As a political party, ODM was expected and required to submit a Party List to the IEBC containing names of eligible persons who were to be nominated as Members of the Lodwar County Assembly.

2. In compliance with Section 35 of the Elections Act, ODM duly submitted a Party List to the IEBC. By Gazette Notice dated 28^th August 2017, Vol. CXLX- No. 124, the IEBC gazetted Lillian Jebiwot Kimosop, (the 4^the respondent) and Esther Apetet (the 5^th respondent) as the duly nominated Members of Lodwar County Assembly under the Party List of the Orange Democratic Movement.

3. The 1^st appellant, Yusuf Ali Mohamed, in Petition No. 2 of 2017, contended that the nomination, gazettment and swearing in of the 4^th respondent was null and void as it was prejudicial to him as a reside…