-referendum-challenges to the referendum results-application to quash a gazette notice on referendum results-application on the ground they were not published according to the law-prayer to prohibit the promulgation of the proposed Constitution of Kenya- argument that the process of promulgating the ratified Constitution ought to have been stopped as per section 43(3) of the CKRA until such petition was finally disposed off according to Section 44 of the CKRA-whether the gazzettement of the referendum results by the 1st respondent on had been  improper and illegal- whether the court could grant the orders sought- Constitution of Kenya Review Act (CKRA) sections 43(3) and 44

-referendum-challenges to the referendum results-when such challenges are to be brought-service of petition on respondent-time within which to effect service- security for costs-time within which to deposit the security for costs- effect of a petition where security for costs is not paid- whether the petition had to be dismissed- Interim Independent Constitutional Dispute Resolution Court (Practice and Procedure) Rules 2010, rule 9- Constitution of Kenya Review Act Sections 44(3) & (4)

-Constitution making process-referendum-interpretation of the various provisions of the law on holding of referendum- publication of results- when results of a referendum become final – whether t- Constitutional law<em normal"=""> -Constitution Review process-where the process had a self propelled mechanisms for execution of the process- duty of the President Under Section 47A (6) and (7) to promulgate the Constitution within 14 days after publication of the final results of the referendum in the Kenya Gazette or the Constitution became law automatically on the expiration of 14 days-where the provision of the supreme law was binding on the court –whether the court could grant the remedy sought in the face of the coming into force of the said constitutional provision - Constitution of Kenya Review Act Section 47A (6) and (7)

-jurisdiction of the (IICDRC) Constitutional lawhe law imposed a duty on the 2nd respondent as the statutory body with the duty to publish final results after all challenges to the results had been filed and finalised whether the results published were in compliance with section 43(1) of the CKRA No. 9 of 2008- Constitution of Kenya Review Act (CKRA) Section 43(1), 43(2) 47 A (6) and (7) 

-Constitution review process-where the process had a self propelled mechanisms for execution of the process- duty of the President Under Section 47A (6) and (7) to promulgate the Constitution within 14 days after publication of the final results of the referendum in the Kenya Gazette or the Constitution became law automatically on the expiration of 14 days-where the provision of the supreme law was binding on the court –whether the court could grant the remedies sought in the face of the coming into force of the said constitutional provision - Constitution of Kenya Review Act Section 47A (6) and (7)

Constitutional Law – constitution making – constitution Review Process – review organs in the process – mandate of the review organs – whether the Committee of Experts had exceeded their mandate when it purported to change the various clauses that were not contentious; omitted clauses that had been agreed upon in the draft constitution; disregarded the public views and recommendations of the PSC and deleted some clauses

Constitutional Law – constitution making – constitution review process – oath – lack of an oath for the office of the Prime Minister – where the petitioners felt that such an office required an oath in accordance with the sixth schedule of the Proposed Constitution – whether there would be a constitutional crisis due to lack of an oath

Jurisdiction-jurisdiction of the Interim Independent Constitutional Dispute Resolution Court (IICDRC) -Jurisdiction limited to hearing matters arising from the Constitutional review process –where most of the issues raised by the petitioners touched on the contents of the Constitution- whether the Court had the jurisdiction to determine what was to form the contents of the Proposed Constitution of Kenya (PCK)-Constitution of Kenya Section 60A (1)

Jurisdiction-jurisdiction of the Interim Independent Constitutional Dispute Resolution Court (IICDRC)-matters arising from the constitutional review process-original jurisdiction on matters arising out of the constitutional review process vested on the IICDRC-conservatory and declaratory orders-where the petitioners sought to have the constitutional review process, including the referendum and the organs of review process supervised by the court-whether the IICDRC had jurisdiction to entertain the petition and grant the orders sought-whether by interfering with the constitutional review process the court would be engaging in a political process that was outside its mandate

Constitutional law-fundamental rights and freedoms-violation of-constitution review process-petitioners alleging that their rights to replace the constitution were violated by the acts of the various state officers and public bodies for whom the 1st respondent was legally answerable for-whether the proposed constitution was properly published as required by law-whether the publication of the two draft constitutions and denouncing of one version two weeks later infringed on the petitioners’ sovereign right to participate in the writing of the constitution-whether the alleged alterations in the proposed constitution by the 1st respondent were so fundamental as to alter the character of the draft document by the 2nd respondent-whether such editorial errors were of such a magnitude as to compromise the sovereign right of the petitioners’ to take participate in the constitution making process

Constitutional law-constitutional review process-constitutional review organs-Committee of Experts (2nd respondent)-whether the 2nd respondent properly executed its mandate when identifying contentious issues-whether the 2nd respondent had any discretion in determining what was contentious-whether the 2nd respondent was bound by the recommendations of the Parliamentary Select Committee (PSC)-whether the content of the draft constitution was to be limited to what existed in prior draft constitutions

Constitutional law-constitution review process-registration of voters-whether citizens resident outside the geographical jurisdiction of Kenya were entitled to register and participate at the referendum while abroad or overseas-whether the law envisioned registration and polling only at legally prescribed stations within domestic constituencies-whether the prevailing trends were in favour to voting for those in diaspora-whether a referendum o the constitution was just as good as any other election or whether it was a special activity calling for different rules

Constitutional law-constitutional review process-referendum-participation in a free and fair referendum-referendum question-whether the mandate to craft the referendum question resided with the Interim Independent Electoral Commission (IIEC)-whether there was a specific manner in which the referendum question was to be framed-whether the character of the referendum question for presentation at the referendum was such as to compromise the Petitioners’ sovereign right to participate in the writing of the Constitution-whether it was in the public interest for the court to interfere with the process and postpone the referendum

Constitutional Law-referendum-disputes arising out of the referendum process-need for the disputes to be brought at earliest available opportunity because of their potential impact-dispute brought less than a month to the referendum-where the dispute could have been brought earlier-whether instituting the petition at that stage was an abuse of the court process

Constitutional law-Constitution making- Constitution review process – review organs in the process-importance of a Referendum in the process-where the court had not been mentioned as a review organ in the process- whether the court had a role in determining what constituted the provisions of the Proposed Constitution of Kenya –whether the court could interfere with the referendum process-Constitution of Kenya Review Act (Act No.9 of 2008) section 5-Constitution of Kenya section 47A (2)(a)

 Constitutional law- supremacy of the constitution-referendum- constituent power of the people - power to make, enact and amend a Constitution - people’s right to vote and determine whether or not the proposals contained in the Proposed Constitution of Kenya (PCK) would become the supreme law –whether any other body had the power to alter or attempt to make any changes as to the contents of the PCK except the people themselves in the exercise of their constituent power to vote in a referendum

Jurisdiction-jurisdiction of the Interim Independent Constitutional Dispute Resolution Court (IICDRC) -Jurisdiction limited to hearing matters arising from the Constitutional review process –where most of the issues raised by the petitioners touched on the contents of the Constitution- whether the Court had the jurisdiction to determine what was to form the contents of the Proposed Constitution of Kenya (PCK)-Constitution of Kenya Section 60A (1)

National Assembly -Parliamentary privilege -privilege of Parliament and Parliamentary Committees- suit against the Parliamentary Select Committee on Constitution Review as the 3rd respondent- where Sections 56 and 57 of the Constitution and Section 29 of the National Assembly (Powers and Privileges) Act granted privilege to Parliament, its members and Committees and they could not be sued for words spoken or actions taken in an official capacity-whether the suit against the 3rd respondent was sustainable- Constitution of Kenya, Sections 56 and 57 - National Assembly (Powers and Privileges) Act (Cap 6)

Constitutional law-supremacy of the Constitution-where none of the provision in the constitution were superior to others-a decision delivered previously declaring that Section 66 of the Constitution (which established Kadhis’ Courts) was inconsistent with Sections 65 and 82 of the Constitution –whether that decision was binding on the court or any other Judge

Constitutional law-separation of powers-High Court’s jurisdiction over Parliament’s proceedings- powers limited to pronouncing statutes unconstitutional-whether the court could interfere with the resolution of the House and the provisions of the Constitution and statute enacted by Parliament- National Assembly (Powers & Privileges) Act (Cap 6) Section 12

Constitutional law-Constitutional making-Constitution review process-review organs- organs of review created to specifically check each other- Committee of Experts (CoE)- CoE granted the power to define “contentious issues”- whether the CoE had exercised its power and mandate in accordance with the law- Constitution of Kenya Review Act , Section 5

Jurisdiction-jurisdiction of the Interim Independent Constitutional Dispute Resolution Court (IICDRC)- original jurisdiction on matters arising out of the Constitutional Review process vested on the IICDRC - whether the petition was within the mandate of the Court– Constitution of Kenya Section 60 A (1)

Constitutional Law-Voting at referendum-the constituent sovereignty of the people-application by Kituo Cha Sheria to have prisoners registered as voters-whether prisoners were barred by the Constitution  from participating at a referendum-Jurisdiction-whether the Interim Independent Constitutional Dispute Resolution Court had jurisdiction to handle voter registration matters- application of the National Assembly and Presidential Elections Act in referendum disputes-representative suits-whether Kituo Cha Sheria had the locus standi to file petition on behalf of prisoners-The Constitution of Kenya Sections 43 and 47-The National Assembly and Presidential Elections Act (Cap. 7)-The Constitution of Kenya Review Act, 2008.

Constitutional Law-Voting at referendum-the constituent sovereignty of the people-application by Kituo Cha Sheria to have prisoners registered as voters-whether prisoners were barred by the Constitution  from participating at a referendum-Jurisdiction-whether the Interim Independent Constitutional Dispute Resolution Court had jurisdiction to handle voter registration matters- application of the National Assembly and Presidential Elections Act in referendum disputes-representative suits-whether Kituo Cha Sheria had the locus standi to file petition on behalf of prisoners-The Constitution of Kenya Sections 43 and 47-The National Assembly and Presidential Elections Act (Cap. 7)-The Constitution of Kenya Review Act, 2008.