JUDGMENT OF THE COURT
1. The uncontested fact in this appeal is that the appellant, the Orange Democratic Movement (ODM) is a political party which fielded candidates for nomination and elections in the 2017 general elections. As a political party, ODM was expected and required to submit a Party List to the IEBC containing names of eligible persons who were to be nominated as Members of the Lodwar County Assembly.
2. In compliance with Section 35 of the Elections Act, ODM duly submitted a Party List to the IEBC. By Gazette Notice dated 28th August 2017, Vol. CXLX- No. 124, the IEBC gazetted Lillian Jebiwot Kimosop, (the 4the respondent) and Esther Apetet (the 5th respondent) as the duly nominated Members of Lodwar County Assembly under the Party List of the Orange Democratic Movement.
3. The 1st appellant, Yusuf Ali Mohamed, in Petition No. 2 of 2017, contended that the nomination, gazettment and swearing in of the 4th respondent was null and void as it was prejudicial to him as a reside…