JUDGEMENT OF THE COURT
This is an appeal arising from the Ruling of E.C. Mwita, J. dated the 14th day of June 2017, in which the learned Judge directed Judy Pareno and Dr. Robert Arunga as the then officials of ODM National Elections Board (NEB) to attend court on the 16th day of June, 2017 at 3.00pm to show cause why they should not be punished for contempt of court.
The background to the appeal is that, the 1st respondent, Fredrick Okolla Ojwang, participated in the Orange Democratic Movement (ODM) Party’s Nomination primaries exercise conducted on the 29th day of April. 2017 for the position of Member of County Assembly, Port Reitz Ward, Changamwe Constituency, hereinafter referred to as “the MCA” position. He claimed to have emerged victorious in what he described as a nomination exercise that was fair, transparent and verifiable, pursuant to which he was issued with a provisional nomination certificate by the Returning Officer, who then referred him to ODMs’ Nation Elections Board …