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Court of AppealDismissedCivil Appeal No. 205 of 2017· [2017] KECA 414 (KLR)

Clifford Odhiambo Mwalo v Roy Ochieng Samo & 3 others [2017] KECA 414 (KLR)

Court of Appeal
21 July 2017
PWP. N. WakiDMD. K. MusingaWilliam OukoW. Ouko
954 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that a political party's internal dispute ruling on nominations stands, leaving Roy Ochieng Samo as the valid ODM nominee.

What this practically means

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Executive summary

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This was a second appeal arising from a dispute over the ODM nomination for the Kajulu Ward Member of County Assembly seat in Kisumu County ahead of the 2017 general elections. Both the appellant and the 1st respondent claimed the nomination. The Political Parties Disputes Tribunal initially upheld the 1st respondent; on the appellant's appeal, the High Court (Mwongo, P.J.) set aside that judgment and directed ODM to resolve the dispute internally or conduct fresh nominations. ODM's Internal Disputes Resolution Mechanism, chaired by Assa Nyakundi, then found on 16th June 2017 that the 1st respondent was the proper nominee, that the certificate issued to the appellant was issued in error and through misrepresentation, and declared it null and void. When the matter was mentioned before the High Court on 22nd June 2017, the judge marked the matter as settled in terms of that decision. The appellant appealed to the Court of Appeal, contending the judge erred in upholding the respondents' decision despite misapprehension of law and fact. A bench of Waki, Musinga and Ouko, JJ.A., after hearing counsel on 19th July 2017, dismissed the appeal, holding that the IDRM decision of 16th June 2017 shall stand, and awarded costs of the appeal to the 1st respondent. The Court indicated that its detailed reasons would be delivered on 29th September 2017, so this judgment contains the operative orders rather than full reasoning.

Key legal issues

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01

Validity of the High Court order marking the election dispute as settled following the party's internal dispute resolution mechanism decision

Holding

The appeal against that order was dismissed and the IDRM decision declaring the 1st respondent the valid nominee was allowed to stand

Reasoning

The Court of Appeal considered the record of appeal and counsel's submissions and concluded that the High Court judge's decision marking the matter as settled, based on the ODM Internal Disputes Resolution Mechanism's finding that the appellant's certificate had been issued in error and through misrepresentation, disclosed no error warranting appellate intervention. The effect is that the IDRM decision of 16th June 2017 stands and the 1st respondent remains the validly nominated candidate for Kajulu Ward MCA.

p. 3

Legal principles established

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    Court orders

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    1. 1.The appeal is dismissed
    2. 2.The decision of the 2nd respondent's internal dispute resolution tribunal dated 16th June 2017 shall stand
    3. 3.Costs of the appeal awarded to the 1st respondent
    On appeal from
    High Court of Kenya at Nairobi
    Election Petition Appeal No. 29 of 2017
    Jurisdiction invoked
    Second appeal to the Court of Appeal under the election dispute framework governing political party nominations (particular enabling provision not stated in the judgment)

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Clifford Odhiambo Mwalo v Roy Ochieng Samo & 3 others [2017] KECA 414 (KLR)", Case Analysis (2017). Civil Appeal No. 205 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/414/eng@2017-07-21

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.