ASWIM FAUD RUDAINY
V.
KAZUNGU WANJE BAYA & 2 OTHERS

JUDGMENT OF THE COURT

(Rule 32(5) of the Court of Appeal Rules)1. In a judgment delivered on 16^th June 2017, this Court dismissed the appellant’s appeal herein from the judgment of the High Court (Riechi, J) dated 28^th May 2017 and reserved reasons for doing so. We now give our reasons for dismissing the appeal.

Background

2. The appellant, Aswin Faud Rudainy, and the 1^st respondent Kazungu Wanje Baya, were contestants for nomination by Jubilee Party, the 2^nd respondent for the position of Member of County Assembly Shella Ward, Malindi Constituency, Kilifi County in a nomination exercise held on 26^th April 2017. The 1^st respondent was declared the winner having garnered 740 votes while the appellant garnered 707 votes. The appellant contested that result and complained before the Jubilee National Appeals Tribunal that he lost on account of a polling station, Nidhamia Hall polling station, having been closed and the polling station relocated to Malindi High School. He asserted that the 1^s…