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: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
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.
Division and case type: Constitutional and Human RightsElection Petition
attractive to cite that UK law, we have our own EPR and they do not have a provision for a judge to order for any mode of service of a petition. Neither does section 20 of the Act.
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO 11 OF 1998 IN THE MATTER OF THE NATIONAL ASSEMBLY & PRESIDENTIAL ELECTIONS ACT CAP.7 AND REGULATIONS MADE THEREUNDER AND IN THE MATTER OF THE ELECTION FOR THE GATANGA PARLIAMENTARY CONSTITUENCY BETWEEN SAMUEL KAMAU MACHARIA..............................................................PETITIONER AND THE ELECTORAL COMMISSION OF KENYA..........................1ST RESPONDENT NAPATHTALI CHOMBA...............................
Division and case type: Constitutional and Human RightsElection Petition
By his notice of motion dated 17.2.93 which was later withdrawn the petitioner sought this Court’s orders to keep the ballot papers, boxes registers etc at a safe place until the hearing of the petition. But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.