Orange Democratic Movement & another v Dhonji & 4 others; Namunyu & another (Interested Parties)

CIVIL APPLICATION E257 OF 2022 BETWEEN ORANGE DEMOCRATIC MOVEMENT ............................................. APPELLANT AND JOSEPH OUMA DHONJI ............................................................. 1ST RESPONDENT SHADRACK MACHANJE NAMUNYU .................................... 2ND RESPONDENT INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION .... 3RD RESPONDENT CATHERINE MUMMA ................................................................ 4TH RESPONDENT (Being an appeal from the Ruling of the High Court of Kenya at Nairobi (Sergon, J.) delivered on 18th July 2022 in H.C. Civil Appeal No. E413 of 2022) JUDGMENT 1. Upon considering the records of appeal in the above consolidated matters and the written and oral submissions by counsel for the various parties, we hereby allow the appeals and set aside the ruling and orders of Sergon, J. in Civil (Election) Appeal No. E413 of 2022 given on 18th July 2022. We substitute therefor an order reinstating the judgment by the learned judge of 1st July 2022 in Civil (Election) Appeal No. E413 of 2022. 2. We order that each party bears its own costs. 3. The reasons for this judgment shall be delivered on 23rd September 2022. DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022. D. K. MUSINGA, (P) ........................................ JUDGE OF APPEAL F. SICHALE ........................................ JUDGE OF APPEAL S. ole KANTAI ........................................ JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2022/801/eng@2022-07-29 2

page 2 of 2