YASIR NOOR MOHAMMED NOOR V. JUBILEE PARTY OF KENYA & ASHRAF HASSAN BAYUSUF

JUDGMENT OF THE COURT

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

In a judgment delivered on 30^th June, 2017, this Court allowed the appellant’s appeal from the judgment of the High Court (Wakiaga, J) dated 29^th May 2017 and reserved its reasons for that decision. These are our reasons for allowing the appeal.

Briefly the facts are that Yasir Noor Mohammed Noor, (the appellant) and Ashraf Hassan Bayusuf (2^nd respondent), together with 5 others, are members of the 1^st respondent and were aspirants during the nomination for the position of the Member of National Assembly, Nyali Constituency in the Jubilee Party’s (the 1^st respondent) nominations exercise conducted on 26^th April 2017. After the nomination exercise, the 1^st respondent was allegedly declared the winner of the nominations with a total vote of 1404, while the appellant having garnered 895 votes was declared to be in third position. The appellant was aggrieved by the outcome of the nominations and appealed to the Jubilee Party Tr…