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TOM MBOYA ODEGE
V.
EDICK PETER OMONDI ANYANGA & 2 OTHERS

(2018) JELR 93270 (CA)

Court of Appeal 11 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 364 of 2017
Judges:Philip Nyamu Waki, Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame
Location:Nairobi
Other Citations:Tom Mboya Odege v. Edick Peter Omondi Anyanga & 2 others [2018] eKLR

JUDGMENT OF THE COURT

1. This appeal revolves around events that took place during the nomination process for the national elections that took place in Kenya on the 8th August, 2017. It specifically arises from the decision of the High Court (G. v. Odunga, J.) made on 27th June, 2017 allowing a Judicial Review application and quashing a decision made earlier by the Dispute Resolution Committee (DRC) of the Independent Electoral and Boundaries Commission (IEBC). As correctly observed by the trial court, and is indeed common ground, the decision had been largely overtaken by events since, shortly before the trial court's decision, the Court of Appeal had resolved the dispute in a related appeal between the same parties by nullifying the nominations and directing the political party to conduct fresh nominations. This appeal is therefore academic, whichever way it goes.

2. The election in issue was for the position of Member of National Assembly in Nyatike Constituency. The appellant herein…

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