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PATRICIA CHEROTICH SAWE V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISION(IEBC), UNITED REPUBLICAN PARTY(URP), ROSE KISAMA, NAUM CHELAGAT & CHERUIYOT MARITIM

(2015) JELR 96483 (SC)

Supreme Court  •  Petition 8 of 2014  •  22 Jul 2015  •  Kenya

Coram
Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

A. INTRODUCTION

[1] The substantive matter before the Court is a petition of appeal dated 10th March, 2014, together with an amended petition dated 30th July, 2014. The appellant seeks to contest the Appellate Court’s Judgment, which struck out her appeal on grounds that no evidence had been laid before the IEBC Tribunal, or the High Court, to demonstrate that the nomination of the 3rd respondent was contrary to the Constitution; and neither had the appellant demonstrated that she was wrongfully left out of the nomination list by her political party, or that a person who was not a URP member had been nominated.

[2] The appellant seeks Orders as follows:

(i) that the Judgment in Civil Appeal No. 178 of 2013 be set aside;

(ii) that the Court do order for a revocation of the nominations of the 3rd, 4th& 5th respondents, as the members of Uasin Gishu County Assembly;

(iii) that the Court do issue an Order of mandamus against the 1st respondent, compelling it to gazette the name of th…

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