Maxwel Ochieng’ & another v Orange Democratic Movement [2017] eKLR the position of the Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County, if any, is null and void. d) An order directing the 1st Respondent to issue the Claimant with the final nomination certificate as the 1st Respondent’s nominee for the position of the Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County. 5. In reply, the Respondents stated that the 2nd Respondent was validly declared the winner having garnered 619 votes. The Respondents also disputed the jurisdiction of the 1st Respondent’s Special County Appeals Tribunal saying it is not recognised by the 1st Respondent’s rules and as such, implored this Tribunal to reject it and dismiss the Claimant’s complaint forthwith. Issues for Determination 6. The primary issue for determination is whether the 1st Respondent’s nominations for the position of the Member of County Assembly, Korogocho Ward, Ruaraka Constituency, Nairobi County held on 30th April 2017 was free, fair and credible. Analysis 7. The requirement for free and fair elections is one of the general principles undergirding Kenya’s electoral processes. For an election exercise to be said to have been free and fair, the following conditions must be met, namely the electors must have voted through secret balloting, free from violence, intimidation and improper influence or corruption, conducted by an independent body, transparent and administered in an impartial, neutral, efficient, accurate and accountable manner. 8. These requirements also underlie the citizens’ rights and freedoms contained in Article 38 of the Constitution of Kenya, 2010, and as such, are binding on a Page 3 of 6