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JUDITH ANYANGO ELIZABETH OYUGI
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (IEBC (DISPUTES RESOLUTION COMMITTEE OF THE INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 OTHERS

(2017) JELR 100493 (CA)

Court of Appeal 21 Jul 2017 Kenya
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Case Details

Suit Number:Civil Appeal 214 of 2017
Judges:Philip Nyamu Waki, William Ouko, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Judith Anyango Elizabeth Oyugi v. Independent Electoral & Boundaries Commission (IEBC (Disputes Resolution Committee of the Independent Electoral & Boundaries Commission & 2 others [2017] eKLR

JUDGMENT OF THE COURT

The High Court sitting at Siaya (Makau, J.) in dismissing the appellant’s notice of motion for orders of judicial review brought pursuant to Articles 22, 23, 47, and 258 of the Constitution, sections 8 and 9 of the Law Reform Act and Order 53 Rule 1(1)(2) and (4) of the Civil Procedure Rules, determined in a ruling delivered on 30th June, 2017 that the appellant was gazetted as an independent candidate for Member of County Assembly for East Asembo Ward, having withdrawn her membership of the 3rd respondent; that her gazettement as the 3rd respondent’s nominee was of no effect as it contravened the law and the 3rd respondent’s own nomination rules; and that, in view of the strict timelines in the nomination process, personal service upon the appellant was not practical; that in any case the appellant herself frustrated all efforts to effect service on her; and that having been informed of the complaint lodged against her through a telephone call by the 1st responde…

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