JUDGMENT OF THE COURT
The instant appeal raises a fundamental legal question: that is, whether an application for judicial review orders is an alternative procedure to be followed to unseat a gazetted Member of a County Assembly.
By a Chamber Summons application dated 5th September 2013, the appellant lodged a judicial review application before the High Court seeking an order of certiorari to bring up and quash the decision of the Independent Electoral and Boundaries Commission (IEBC) dated 16th August, 2013 which placed the 2nd respondent, Hassan Guyo Shano, as the nominee for marginalized persons to Isiolo County Assembly. The grounds in support of the application were, that the decision of the 1st respondent dated 16th August, 2013 was unreasonable, unfair and without basis; the 1st respondent did not consider the complaint and evidence tendered by the appellant before gazetting the 2nd respondent as the nominee for marginalized persons and as a Member of the Isiolo County Assembly; …