REASONS FOR DECISION OF THE COURT
[1] Samuel Omondi Okumu, the appellant herein and Joshua Okumu Nyabolah, the respondent herein were contestants in the ODM party nominations for the position of Member of County Assembly for East Kamagak Ward, Kasipul Constituency in Homabay County. Following the nomination exercise done on 24th April, 2017, the appellant was issued by the ODM party with a certificate of nomination for the Member of County Assembly position. The respondent lodged a complaint with the County Party Dispute Tribunal (CPDT) sitting at Homabay on the grounds that he was in fact the winner in the nominations and not the appellant. On 28th April, 2017, the CPDT having heard his complaint directed that the certificate issued to the appellant be cancelled and a nomination certificate issued to the respondent. The ODM party officials did not however comply. This forced the respondent to move to the Political Parties Dispute Tribunal (PPDT) where he lodged a complaint.
[2] On 7th …