ZACHARY NYAYIEMI MOTURI V. CHARLES MONG’ARE GENI & ANOR.

REASONS

1. This is a second appeal arising from the judgment of the High Court of Kenya at Kisumu (F. Ochieng, J.) dated and delivered on 7th June, 2022 in Kisumu Election Appeal 001 of 2022.

2. The background of the appeal is that the appellant filed a complaint dated 6th May, 2022 at the Political Parties Disputes Tribunal at Kisumu (herein after referred to as PPDT or Tribunal) wherein he stated that on 16th and 18th April, 2022 all the 2nd respondent’s candidates were invited by the National Executive Council (hereinafter referred to as NEC) and the 2nd respondent’s party leader for negotiations and consensus building at the Wiper Party Headquarters. The objective of the said two-day meeting was to build consensus through negotiations and those who would not agree would then undergo party primaries.

3. The appellant stated that he diligently attended the said meeting, contributed to the discussions and, since there were no other candidates/contestants vying for the 2nd respondent’s ticket for…