The Supreme Court has dismissed a case that sought to bar Parliamentary candidate James Onyango K’Oyoo from vying on an Orange Democratic Movement (ODM) ticket.
During a special sitting convened on Sunday, the court dismissed the case seeking the nullification of the ODM Muhoroni Constituency nomination results.
The appeal, which was filed by Prof. Ayiecho Olweny, was heard by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala and Isaac Lenaola.
The five-judge bench found that the application was incompetent and could be not granted.
"It seems to us an injunction as sought by Prof Olweny cannot be granted in circumstances where Mr K'oyoo has already been gazetted and is on the ballot paper as confirmed by counsel for IEBC Paul Nyamodi," stated CJ Maraga, who read the verdict.
Prof. Olweny, through lawyer Roger Sagana, had argued that the nomination was wrongly given to Mr Onyango on the basis that the results from five wards were not included in the tally.
He challenged the nomination at the ODM’s internal dispute mechanism that was later moved to the Political Parties Dispute Tribunal which opted not to interfere with the decision of the party on the matter.
Prof. Olweny then moved to the High Court where the Orange party was ordered to receive and tabulate results from the five contested wards.
This prompted Mr Onyango to move to the Court of Appeal which reversed the High Court’s ruling.
