, NAIROBI, Kenya, Aug 6 – The Supreme Court has struck out a petition against the nomination of James K’oyoo as ODM candidate for Muhoroni parliamentary seat.
The Supreme Court held a special sitting to hear the appeal by Oyiecho Olweny to contest a decision of the Court of Appeal, which cleared K’oyoo as the nominated candidate for the ODM party.
Following an amendment to the Political Parties Act, parties can file an appeal against a decision of the Political Parties Dispute Tribunal in the High Court on points of law and facts and on points of law to both the Court of Appeal and the Supreme Court.
The case before the Supreme Court follows the ODM nominations where Olweny and K’oyoo were candidates.
K’oyoo was declared the winner and issued with a nomination certificate.
Aggrieved by that declaration of results, Prof. Olweny moved to the Political Parties Dispute Tribunal. The PPDT held that it would not interfere with the decision of the party’s internal dispute resolution mechanism.
However, the High Court ordered ODM to, within 72 hours, receive results from the five contested wards, tabulate the results and to declare the winner.
Upon being moved by K’oyoo, the Court of Appeal reversed the High Court decision.
The case before the Supreme Court was heard by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justice Mohamed Ibrahim, Justice Smokin Wanjala and Justice Isaac Lenaola.
Had Olweny’s appeal been allowed, the Muhoroni Parliamentary election would have been postponed.