JUDGMENT
The facts giving rise to the dispute to which the impugned judgment relates are that Nick Evance Okoth Ochola (the appellant) and Ted Marvin Odhiambo (the 1st respondent), were at all material times members of the 3rd respondent, the Orange Democratic Movement (ODM). The two were aspiring candidates for the position of Member of County Assembly, (MCA) North Gem Ward, Siaya County; and that a nomination exercise was conducted on 13th April, 2022 after which the 1st respondent was issued with an interim nomination certificate by ODM.
The appellant being dissatisfied by that decision moved to the ODM Appeals Tribunal on appeal and upon hearing the complaint, the ODM Appeals Tribunal dismissed the appellant’s appeal on 20th April, 2022. Dissatisfied, the appellant filed an application for review at the ODM Appeals Tribunal which application was dismissed on 25th April, 2022.
The 1st respondent was thereafter issued with the final nomination certificate pursuant to the ODM Party Prim…