REASONS
In the end, the following holding by the Appeals Tribunal (the Party Tribunal) of the Orange Democratic Movement Party (ODM or the Party or the 1st Appellant) had to count for something;
“It is for this reason that we must affirm and defend the democratic right of a people to express themselves and for that expression to be acknowledged and respected.”
John Ombewa Gare (the 1st respondent or John) and Trufosa Osewe Ochieng (the 2nd Respondent or Trufosa) were amongst five other candidates seeking to be nominated as the ODM candidate for the Member of County Assembly for West Sakwa in the forthcoming National Elections. The Party held its primaries in respect to that position on 13th April, 2022 by way of universal suffrage. Trufosa was aggrieved by the declaration of John as the winner and challenged the declaration before the Party Tribunal in Tribunal Appeal No. 13 of 2022.
In the statement of appeal filed before the Party Tribunal, Trufosa alleged various irregularities in the …