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Wanjiku Muhia v. Faith Wairimu Gitau & Jubilee Party

(2017) JELR 94684 (CA)

Court of Appeal  •  Civil Appeal 143 of 2017  •  21 Jul 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

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

1. In a judgment delivered on 8th June 2017, this Court allowed the appellant’s appeal from the judgment of the High Court (Mutuku, J. dated 19th May 2017 and reserved reasons for doing so. We now give our reasons for allowing the appeal.

Background

2. The appellant and the 1st respondent sought nomination by the 2nd respondent for the position of Woman Representative for Nyandarua County and in that regard participated in the 2nd respondent’s nominations held on 26th April 2017. According to the 2nd respondent, the 1st respondent won the nomination by 106,004 votes against the appellant’s 75,296 votes.

3. On 28th April 2017, the appellant appealed to the 2nd respondent’s internal dispute resolution mechanism, Jubilee Party Appeals Tribunal, seeking nullification of the nomination on grounds, among others, that the nomination process was flawed; that there was photocopying of ballot papers; that there were tallying discrepanci…

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