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Phylip O. Mwabe v. Orange Democratic Movement & Joseph Obiero Ndiege

(2017) JELR 94748 (CA)

Court of Appeal  •  Civil Appeal 150 of 2017  •  21 Jul 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

(Rule 32 (5) of the Court of Appeal Rules)

The appeal was exhaustively argued before us on the 14th day of June, 2017 by learned counsel M/s Awuor holding brief for Prof. Ojienda S.C for the appellant; Odiya Jane holding brief for Mr. Owuor for the 1st respondent and Mr. Charles Midenga for the 2nd respondent. In a judgment dated the 16th day of June, 2017, we dismissed the appeal. We now proceed to give reasons for the said dismissal.

The background to the appeal is that the appellant Philip Mwabe ( the appellant) and the 2nd respondent Joseph Obiero Ndiege (the 2nd respondent) took part in the first respondent’s (Orange Democratic Movement (ODM) party nomination exercise for the position of member of National Assembly, Suna West Constituency on the 24th day of April, 2017. At the conclusion of the exercise, each of them was issued with a provisional nomination certificate. The one for the appellant was issued by a Mr. Obell Ochino, while that for the 2nd responden…

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