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Samuel Kalii Kiminza v. Jubilee Party & Rachael Nyamai

(2017) JELR 94075 (CA)

Court of Appeal  •  Civil Appeal 157 of 2017  •  28 Jul 2017  •  Kenya

Coram
Paul Kihara Kariuki, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

(Pursuant to Rule 32 (5) of the Court’s Rules)

1. On the 16th June 2017, we delivered the judgment in this matter allowing the appeal, but pursuant to Rule 32 (5) of this Court’s Rules we reserved our reasons for the decision. We now proceed to render our reasons for the decision.

2. The background of this appeal is that, on the 25th April 2017 the Jubilee Party (1st Respondent) was scheduled to conduct countrywide party primaries for the positions of Governor, Senator, Woman Representative to the National Assembly, Member of National Assembly and Member of County Assembly.

3. Hon. Samuel Kalii Kiminza (the Appellant) and Hon Rachael Nyamai (the 2nd Respondent) being members of the 1st Respondent had been cleared by the 1st Respondent to contest for the position of Member of the National Assembly for the Kitui South Constituency. However, for one reason or the other the party primaries did not take off as scheduled. According to the Appellant, he was later informed b…

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