WANJIKU MUHIA V. FAITH WAIRIMU GITAU & JUBILEE PARTY

JUDGMENT OF THE COURT

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

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

Background

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

3. On 28^th April 2017, the appellant appealed to the 2^nd 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…