IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, OUKO & GATEMBU, JJ.A

CIVIL APPEAL NO. 215 OF 2017

BETWEEN

JOHN ORWA..................................................................................................APPELLANT

AND

ORANGE DEMOCRATIC MOVEMENT PARTY...................................1^ST RESPONDENT

NATIONAL ELECTIONS BOARD OF ODM PARTY............................2^ND RESPONDENT

GEORGE OKINYI OMAMBA.................................................................3^RD RESPONDENT

AND

INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION...INTERESTED PARTY

(Being an appeal from the Judgment and Decree (Musyoka, J) delivered at

Nairobi on 30^th June, 2017.

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JUDGMENT OF THE COURT

1. The appellant, John Orwa and the 3^rd respondent, George Okinyi Omamba were contestants for nomination by the Orange Democratic Movement Party (ODM), the 1^st respondent, for the position of Member of County Assembly, North Kanyamkago Ward Migori County in a nomination exercise held on 24^th April, 2017.

2. The appellant contends that he won the nomination. He asserts that the respondents attempted to deny him his victory and that the 1^st respondent declined to issue him with a nomination certificate. As a result he lodged a complaint with the 1^st respondent’s internal dispute resolution mechanism, namely Migori County ODM Elections Appeals Tribunal on 29^th April, 2017. That tribunal ordered the 1^st and 2^nd respondents to issue the appellant with the final nomination certificate for the position in question.

3. The appellant says that the 1^st and 2^nd respondents, failed to obey the order made by the Migori County ODM Elections Appeals Tribunal as a result of which he escalated the matter to the Political Parties Disputes Tribunal (PPDT) with a view to enforcing the order.

4. In a judgment delivered on 18^th May, 2017, the PPDT ordered the 1^st and 2^nd respondents to issue the appellant with the final nomination certificate for the position in question. Subsequently, the 3^rd respondent, who had hitherto not been privy to the proceedings, was joined as a party and a consent order recorded setting aside the judgment of the PPDT given on 18^th May 2017. The PPDT heard the matter afresh and delivered judgment on 22^nd June 2017 in which it ordered the recall of the nomination certificate in favour of the appellant and ordered the 1^st and 2^nd respondent to issue their nomination certificate to the 3^rd respondent.

5. Aggrieved by the decision of the PPDT given on 22^nd June 2017, the appellant lodged an appeal before the High Court which was dismissed in a judgement delivered on 30^th June 2017 that is the subject of the present appeal.

6. We heard the appeal on 17^th July, 2017. The parties were represented by learned counsel:- Mr. A. Ombwayo, for the appellant;Mr. S. Makori for the 1^st and 2^nd respondent and Mr. J. Oronga for the 3^rd respondent. Counsel relied on the written submissions which they highlighted