Judgment[2017] KEHC 90
Case law
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Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Constitutional and Human RightsElection Petition
Appeal went to great lengths to examine the relevant authorities and I totally agree with their conclusion on that issue. However in this case in considering the legal effect of the Act and the rules and particularly sections 14 (1) (a) and 14 (2) the provisions of the Interpretation and General Provisions Act (cap 2) set out namely section 24 and section 33 were not considered.