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Thursday, August 17, 2017

Supreme Court to hear Muhoroni MP seat's nomination dispute

Former Education assistant minister Ayiecho Olweny. Photo/FILE
Former Education assistant minister Ayiecho Olweny. Photo/FILE

The Supreme Court will on Sunday 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. Ayiecho Olweny, has filed an application and petition in the Supreme Court 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 the K’oyoo were candidates.

K’oyoo was declared the winner and issued with a nomination certificate.

Read; Court orders ODM to give Ayiecho Olweny Muhoroni MP ticket

Aggrieved by that declaration of results, 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.

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

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

Also read: Muhoroni voters protest Ayiecho Olweny's candidature, ask ODM to give K'Oyoo ticket

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