JUDGMENT
A. Introduction and Background
In the just concluded (2022) general elections conducted under the supervision of the 1st respondent, the appellant and the 2nd to 16th respondents contested for the position of Member of County Assembly (MCA) to represent various wards in Migori County. Only the 8th, 11th, 13th and 14th respondents were successful, meaning the appellant and the rest failed in their bids.
In the 2017 elections, the 2nd to 16th respondents were elected to the County Assembly of Migori on the Orange Democratic Movement (ODM) Party ticket and were serving as such until the 1st respondent declared the date for political parties and independent candidates to submit names of the aspirants for various elective positions. With that announcement, the 2nd to 16th respondents elected to contest, and were indeed cleared to run, this time around, as independent candidates, effectively resigning from the ODM Party. They, however, continued to serve in the Assembly. Their decisio…