PETER BODO OKAL
V.
PHILEMON JUMA OJUOK & 2 OTHERS

RULING OF THE COURT

A. BACKGROUND

[1] The applicant and the 1^st respondent, with other candidates, contested for the position of Member of County Assembly for Central Nyakach Ward of the Kisumu County Assembly. The 1^st respondent garnered 3,300 while the applicant garnered 3,236 votes. The Magistrate’s court allowed the applicant’s petition challenging that result but on appeal, the High Court reversed that decision and declared the 1^st respondent the winner. On a further appeal, the respondents filed applications challenging the competence of that further appeal on the ground that no second appeal lies to the Court of Appeal from a High Court decision concerning election of a Member of County Assembly. In its ruling dated 14^th February 2019, the Court of Appeal allowed those applications and struck out the appeal. The applicant wishes to appeal to this Court against that decision.

B. THE APPLICANT’S CASE

[2] By his application (No. 9 of 2019) dated and filed in this Court on 28^th March 2…