Supreme Court to hear Muhoroni ODM nominations appeal Sunday

The Supreme Court will on Sunday, August 6, 2017, hold a special sitting to hear an appeal against the nomination of James Onyango K’oyoo as the ODM candidate for the Muhoroni Parliamentary seat.

The appellant, Prof. Oyiecho Olweny, filed an application and petition in the Supreme Court to contest a decision of the Court of Appeal, which cleared Mr 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 Prof.  Olweny and the Mr. K’oyoo were candidates. Mr. 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 Mr. K’oyoo, the Court of Appeal reversed the High Court decision.

The case before the Supreme Court will be heard by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Mr Justice Mohamed Ibrahim, Mr Justice Smokin Wanjala and Mr Justice Isaac Lenaola.

If Prof. Olweny’s appeal is allowed, the Muhoroni Parliamentary election will need to be postponed.