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You searched for cases with the following details ; Filter Court Name : Interim Independent Constitutional Dispute Resolution Court.
Mary Arivisa Mwami & Another V Interim Independent Electrol Commission & 3 Others [2010]eKLR
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Case Number: Constitutional Petition 7 of 2010 |
Date Delivered: 26 Aug 2010 |
Judge: Samwel Ndungu Mukunya, Jamila Mohammed, Sankale ole Kantai, Violet Khadi Mavisi
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: Mary Arivisa Mwami & another v Interim Independent Electrol Commission& 3 others
Advocates:
Citation: Mary Arivisa Mwami & another v Interim Independent Electrol Commission & 3 others [2010]eKLR
-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)
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NAZLIN UMAR FAZALDIN RAJPUT V ATTORNEY –GENERAL & 2 Others [2010] EKLR
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Case Number: Constitutional Petition 6 of 2010 |
Date Delivered: 24 Aug 2010 |
Judge: Samwel Ndungu Mukunya, Jamila Mohammed, Sankale ole Kantai, Violet Khadi Mavisi, Scholastica Omondi
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: NAZLIN UMAR FAZALDIN RAJPUT v ATTORNEY –GENERAL & 2 others
Advocates:
Citation: NAZLIN UMAR FAZALDIN RAJPUT v ATTORNEY –GENERAL & 2 others [2010] eKLR
-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)
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Edris Nicholas Omondi & 8 Others V Attorney General & Another [2010] EKLR
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Case Number: Constitutional Petition 2 of 2010 |
Date Delivered: 02 Aug 2010 |
Judge: Jamila Mohammed, M'Nkanata Mburugu Kioga, Violet Khadi Mavisi
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: Edris Nicholas Omondi & 8 others v Attorney General & another
Advocates:
Citation: Edris Nicholas Omondi & 8 others v Attorney General & another [2010] eKLR
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
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ANDREW OMTATA OKOITI & 5 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2010] EKLR
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Case Number: Constitutional Petition 3 of 2010 |
Date Delivered: 02 Aug 2010 |
Judge: Samwel Ndungu Mukunya, Sankale ole Kantai, Violet Khadi Mavisi
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: ANDREW OMTATA OKOITI & 5 OTHERS V ATTORNEY GENERAL & 2 OTHERS
Advocates:
Citation: ANDREW OMTATA OKOITI & 5 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2010] eKLR
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
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ALICE WAITHERA MWAURA & 12 Others V COMMITTEE OF EXPERTS & 2 Others [2010] EKLR
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Case Number: Constitutional Petition 5 of 2010 |
Date Delivered: 02 Aug 2010 |
Judge: Jamila Mohammed, M'Nkanata Mburugu Kioga
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: ALICE WAITHERA MWAURA & 12 others v COMMITTEE OF EXPERTS & 2 others
Advocates:
Citation: ALICE WAITHERA MWAURA & 12 others v COMMITTEE OF EXPERTS & 2 others [2010] eKLR
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JOSEPH KIMANI & 2 Others V ATTORNEY GENERAL & 2 Others [2010] EKLR
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Case Number: Constitutional Petition 4 of 2010 |
Date Delivered: 02 Aug 2010 |
Judge: Samwel Ndungu Mukunya, Violet Khadi Mavisi
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: JOSEPH KIMANI & 2 others v ATTORNEY GENERAL & 2 others
Advocates:
Citation: JOSEPH KIMANI & 2 others v ATTORNEY GENERAL & 2 others [2010] eKLR
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
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)
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PRISCILLA NYOKABI KANYUA V ATTORNEY GENERAL & ANOTHER [2010] EKLR
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Case Number: Constitutional Petition 1 of 2010 |
Date Delivered: 23 Jun 2010 |
Judge: Samwel Ndungu Mukunya, Jamila Mohammed, Sankale ole Kantai, M'Nkanata Mburugu Kioga
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: PRISCILLA NYOKABI KANYUA v ATTORNEY GENERAL & INTERIM INDEPENDENT ELECTORAL COMMISSION
Advocates:
Citation: PRISCILLA NYOKABI KANYUA v ATTORNEY GENERAL & ANOTHER [2010] eKLR
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.
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PRISCILLA NYOKABI KANYUA V ATTORNEY GENERAL & Another [2010] EKLR
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Case Number: Constitutional Petition 1 of 2010 |
Date Delivered: 21 May 2010 |
Judge: Samwel Ndungu Mukunya
Court: Interim Independent Constitutional Dispute Resolution Court
Parties: PRISCILLA NYOKABI KANYUA v ATTORNEY GENERAL & another
Advocates:
Citation: PRISCILLA NYOKABI KANYUA v ATTORNEY GENERAL & another [2010] eKLR
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.
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