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Peninah Nandako Kiliswa v. Independent Elections & Boundaries Commission, Ford Kenya & Edith Were Shitandi

(2014) JELR 94391 (CA)

Court of Appeal  •  Civil Appeal 201 of 2013  •  20 Jun 2014  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, Peninah Nandako Kiliswa, seeks to overturn a judgement of the High Court of Kenya that upheld a decision of the Independent Electoral and Boundaries Commission (IEBC) Nomination Disputes Resolution Committee recognising the 3rd respondent, Edith Were Shitandi, as the duly nominated Ford Kenya party member of the Bungoma County Assembly for the purposes of Article 177(1) (b) of the Constitution. The facts of the dispute are fairly straight forward.

The appellant filed Complaint No. IEBC/NDRC/PL/200/2013, Peninah Nandako Kiliswa v. Ford Kenya, before the IEBC Nomination Disputes Resolution Committee (‘the Committee’) contending, principally, that the 3rd respondent, who was nominated by Ford Kenya for the purposes of Article 177(1)(b) of the Constitution, popularly known as the “Gender Top-up seats”, was not in the original list submitted by the party to the IEBC and that in any event, she was not a member of Ford Kenya.

After hearing the complaint, the…

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