JUDGMENT OF THE COURT
[1] This is an appeal from the Judgment of the High Court (Mwita, J) allowing the appeal by Cornel Rasanga Amoth – the 3rd respondent in this appeal. The appeal by the 2nd respondent in the High Court was from the Judgment of the Political Parties Disputes Tribunal (PPDT) established under section 39(1) of the Political Parties Act – Act No. 11 of 2011 which judgment in essence nullified the nomination of the 3rd respondent as Orange Democratic Party (ODM) nominee for election as a Governor of Siaya County in the National General Elections to be held on 8th August, 2017.
[2] The background to the nomination disputes is briefly as follows:
On 25th April 2017, ODM conducted party primaries for nomination of candidates in Siaya County for the position of Governor, Senator, Member of National Assembly, Members of County Assembly and County Women Representative. After the elections, the 3rd respondent was declared the winner for the position of the Governor and was issue…