PAMELA AWUOR OYOO V. ORANGE DEMOCRATIC MOVEMENT, VICTOR RODERS OCHIENG & INDEPENDENT AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

The appeal was exhaustively argued before us on the 21^st day of June, 2017 by learned counsel Mr. Julius Juma, instructed by the firm of Julius Juma and Company Advocates for the appellant; learned counsel Denis Onyango, instructed by the firm of Viola and Onyango Company Advocates for the 2^nd respondent, and learned counsel Kibet Ronald, instructed by the firm of Murugu, Rigoro and Co. Advocates, for the 3^rd respondent. There was no representation for the 1^st respondent but with had notice. In a judgment dated the 23^rd day of June, 2017, we dismissed the appellant’s appeal against the judgment of the High Court (L. Kimaru, J) dated the 1^st day of June, 2017. We now proceed to give reasons for the said dismissal.

The background to the appeal is that both the appellant Pamela Awuor Oyoo ( the appellant) and the 2^nd respondent Victor Rodgers Ochieng ( the 2^nd respondent) were among candidates who participated in the Orange Democratic Movement (ODM) Party Primaries he…