DAMARIS NYARANGI MOUNI
V.
WAFULA CHEBUKATI & ORS

JUDGMENT OF THE COURT

[1] The appellant, Damaris Nyarangi Mouni, was gazetted through Gazette Notice No. 124 of 28^th of August, 2017 as having been nominated by the Orange Democratic Party as a member of the County Assembly of Nyamira, in the gender top up list. On the 7^th of September, 2017, the appellant was sworn in as a member of the County Assembly of Nyamira. However, the 1^st respondent who is the Chairman of the 2^nd respondent (IEBC) published a gazette notice No. 8879 of 8^th September, 2017, in which the name of the appellant was deleted and substituted with that of Irene Nyakerario (3^rd respondent) as member of County Assembly for Nyamira. The appellant filed a petition in the Chief Magistrate’s Court at Nyamira challenging her de-gazettement, and the decision of the 1^st and 2^nd respondents to substitute her name and also including the 3^rd respondent and the Clerk, Nyamira County Assembly (4^th respondent).

[2] The petition which was opposed by all the respondents, was heard by …