Maxwel Ochieng’ & another v Orange Democratic Movement [2017] eKLR political party’s nomination exercise. Article 38 guarantees the right of every citizen to make political choices, which includes the rights to form and participate in the activities of a political party. In this regard, one has the right to take part in a free, fair and regular elections based on universal suffrage and the free expression of will to vie for any office of any political party to which such a person is a member. 9. To this end, Article 91 (1) (d) of the Constitution specifically obligates political parties in Kenya to abide by the democratic principles of good governance, promote and practice democracy through regular, fair and free elections within the party. 10. To fulfil these constitutional requirements, section 9 of the Political Parties Act, 2011 read together with the Second Schedule of the same sets out the key issues that must be contained in the constitutions of all duly registered political parties in Kenya. The relevant point for our purposes in the matter is the rule that a political party constitution must establish guidelines for, among other things, the nomination of candidates for elections. 11. The 1st Respondent’s nomination rules also guarantee the rights and freedoms of their members to free, fair and credible elections. Indeed, the Claimant had legitimate reason to expect the 1st Respondent to conduct the nomination exercise for the position of the Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County in a manner that was free, fair and credible. 12. For this reason, we find that the act of locking out the Claimant from the room where the Returning Officer and 2nd Respondent locked themselves in and were later joined by the 2nd Respondent’s friend rendered the process opaque, unaccountable and inaccurate. This, to us, means that it would be difficult to determine who the actual winner for the said nomination was. Page 4 of 6