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Peter Bodo Okal v. Philemon Juma Ojuok, Independent Electoral and Boundaries Commission & Returning Officer, Nyakach Constituency

(2020) JELR 93956 (SC)

Supreme Court  •  Election Petition (Application) 9 & 33 of 2019 (Comsolidated)  •  30 Apr 2020  •  Kenya

Coram
David Kenani Maraga, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. BACKGROUND

[1] The applicant and the 1st respondent, with other candidates, contested for the position of Member of County Assembly for Central Nyakach Ward of the Kisumu County Assembly. The 1st respondent garnered 3,300 while the applicant garnered 3,236 votes. The Magistrate’s court allowed the applicant’s petition challenging that result but on appeal, the High Court reversed that decision and declared the 1st respondent the winner. On a further appeal, the respondents filed applications challenging the competence of that further appeal on the ground that no second appeal lies to the Court of Appeal from a High Court decision concerning election of a Member of County Assembly. In its ruling dated 14th February 2019, the Court of Appeal allowed those applications and struck out the appeal. The applicant wishes to appeal to this Court against that decision.

B. THE APPLICANT’S CASE

[2] By his application (No. 9 of 2019) dated and filed in this Court on 28th March 2…

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