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Reliable Concrete Works V Ngewanji Company Ltd (Civil Case 69 Of 2016) [2022] KEHC 12594 (KLR) (28 July 2022) (Ruling)
Case Number: Civil Case 69 of 2016	Date Delivered: 28 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Reliable Concrete Works v Ngewanji Company Ltd

Advocates:

Citation: Reliable Concrete Works v Ngewanji Company Ltd (Civil Case 69 of 2016) [2022] KEHC 12594 (KLR) (28 July 2022) (Ruling)

Serem V National Bank Of Kenya (Civil Case 53 Of 1996) [2022] KEHC 12677 (KLR) (28 July 2022) (Ruling)
Case Number: Civil Case 53 of 1996	Date Delivered: 28 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Serem v National Bank of Kenya

Advocates:

Citation: Serem v National Bank of Kenya (Civil Case 53 of 1996) [2022] KEHC 12677 (KLR) (28 July 2022) (Ruling)

Gachunga V Independent Electoral Boundaries Commission (Petition E028 Of 2021) [2022] KEHC 12685 (KLR) (28 July 2022) (Judgment)
Case Number: Petition E028 of 2021	Date Delivered: 28 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Gachunga v Independent Electoral Boundaries Commission

Advocates:

Citation: Gachunga v Independent Electoral Boundaries Commission (Petition E028 of 2021) [2022] KEHC 12685 (KLR) (28 July 2022) (Judgment)

Failure to include an option of none of the above in ballot papers did not infringe on the electoral rights of Kenyans

Brief facts

The petition before the court sought orders for the court to compel the respondent (IEBC) to include None of the above option on the ballot papers to allow voters who do not wish to vote for any of the candidates to exercise their right to reject without violation of the secrecy of their decision. The objective among others was to enable voters who came to the polling booth and decide not to vote for any of the candidate in the tray, to exercise their right by voting on the ballot paper section indicated as none of the above while maintaining their right of secrecy.

Issues

Whether the option of none of the above not being an option in the ballot box in the general elections violated the petitioners rights.
Whether the High Court had the power to give directions to the IEBC, an Independent Constitutional Commission, on how to conduct its functions.

Held

The powers and functions of the Independent Electoral Boundaries Commission (IEBC) were enshrined under article 88(4) of the Constitution of the Kenya. Under article 248(2) the respondent was listed as an Independent Commission amongst other commissions. The High Court could not purport to give to the respondent directions on exactly how to carry out its powers and functions. Further, the courts ought not to be drawn into determining how the people of Kenya should exercise their voting rights. That was the preserve of the Legislature.
The applicant was asking the court to include a fundamental input to Kenyas election laws which needed the public to participate in the usual manner. Public participation would be an integral part of such an addition or amendment.
Article 82(d) of the Constitution of Kenya, 2010 provided that Parliament was to enact legislation on election on the conduct of elections and referenda and its regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections. If the petitioner held the view that there was a need to have the none of the above option to be included in the ballot paper, it was open to him to lobby the legislative arm of government to do the needful.
The court did not find any reason to allow the petition noting that there was no evidence that not including none of the above had breached the petitioners right or the general public. No evidence had been demonstrated to show that the public who would wish to exercise such right had been disenfranchised. There was no evidence that the respondent had breached any provisions of the Constitution or any laws that would compel the court to allow the application.
The better way was for the applicant and those of his brethren to agitate through memoranda to Parliament to carry out an amendment to the laws to accommodate such of their interest.

Kirobon Farmers Co. Ltd V L R Kipsang & Co Advocates (Miscellaneous Application 270 Of 2016) [2022] KEHC 10167 (KLR) (14 July 2022) (Ruling)
Case Number: Miscellaneous Application 270 of 2016	Date Delivered: 14 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Kirobon Farmers Co. Ltd v L R Kipsang & Co Advocates

Advocates:

Citation: Kirobon Farmers Co. Ltd v L R Kipsang & Co Advocates (Miscellaneous Application 270 of 2016) [2022] KEHC 10167 (KLR) (14 July 2022) (Ruling)

Republic V Mutiso (Criminal Case 42 Of 2018) [2022] KEHC 10214 (KLR) (14 July 2022) (Judgment)
Case Number: Criminal Case 42 of 2018	Date Delivered: 14 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Republic v Mutiso

Advocates:

Citation: Republic v Mutiso (Criminal Case 42 of 2018) [2022] KEHC 10214 (KLR) (14 July 2022) (Judgment)

Irowa V Karuku (Succession Cause 7 Of 2010) [2022] KEHC [3309] (KLR) (7 July 2022) (Ruling)
Case Number: Succession Cause 7 of 2010	Date Delivered: 07 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: Irowa v Karuku

Advocates:

Citation: Irowa v Karuku (Succession Cause 7 of 2010) [2022] KEHC 3309 (KLR) (7 July 2022) (Ruling)

Mbae V Speaker, County Assembly Of Nakuru & Another; Others (Interested Party) (Constitutional Petition E004 Of 2022) [2022] KEHC [3313] (KLR) (7 July 2022) (Judgment)
Case Number: Constitutional Petition E004 of 2022	Date Delivered: 07 Jul 2022

Judge: Hilary Kiplagat Chemitei, Teresia Mumbua Matheka

Court: High Court at Nakuru

Parties: Mbae v Speaker, County Assembly of Nakuru & another; others (Interested Party)

Advocates:

Citation: Mbae v Speaker, County Assembly of Nakuru & another; others (Interested Party) (Constitutional Petition E004 of 2022) [2022] KEHC 3313 (KLR) (7 July 2022) (Judgment)

SBM Bank Kenya Limited V Geoffrey Ndungu Joseph T/A Venture Auctioneers & 2 Others (Civil Case E001 Of 2022) [2022] KEHC [3316] (KLR) (7 July 2022) (Ruling)
Case Number: Civil Case E001 of 2022	Date Delivered: 07 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: SBM Bank Kenya Limited v Geoffrey Ndungu Joseph T/A Venture Auctioneers & 2 others

Advocates:

Citation: SBM Bank Kenya Limited v Geoffrey Ndungu Joseph T/A Venture Auctioneers & 2 others (Civil Case E001 of 2022) [2022] KEHC 3316 (KLR) (7 July 2022) (Ruling)

National Bank Of Kenyao V John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 Others (Civil Case 509 Of 1995) [2022] KEHC 10059 (KLR) (7 July 2022) (Judgment)
Case Number: Civil Case 509 of 1995	Date Delivered: 07 Jul 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: National Bank Of Kenyao v John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 others

Advocates:

Citation: National Bank Of Kenyao v John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 others (Civil Case 509 of 1995) [2022] KEHC 10059 (KLR) (7 July 2022) (Judgment)

ASM V JOO (Matrimonial Cause E013 Of 2021) [2022] KEHC 10542 (KLR) (23 June 2022) (Ruling)
Case Number: Matrimonial Cause E013 of 2021	Date Delivered: 23 Jun 2022

Judge: Hilary Kiplagat Chemitei

Court: High Court at Nakuru

Parties: ASM v JOO

Advocates:

Citation: ASM v JOO (Matrimonial Cause E013 of 2021) [2022] KEHC 10542 (KLR) (23 June 2022) (Ruling)

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Advanced Search Results:

Reliable Concrete Works V Ngewanji Company Ltd (Civil Case 69 Of 2016) [2022] KEHC 12594 (KLR) (28 July 2022) (Ruling)

Serem V National Bank Of Kenya (Civil Case 53 Of 1996) [2022] KEHC 12677 (KLR) (28 July 2022) (Ruling)

Gachunga V Independent Electoral Boundaries Commission (Petition E028 Of 2021) [2022] KEHC 12685 (KLR) (28 July 2022) (Judgment)

Kirobon Farmers Co. Ltd V L R Kipsang & Co Advocates (Miscellaneous Application 270 Of 2016) [2022] KEHC 10167 (KLR) (14 July 2022) (Ruling)

Republic V Mutiso (Criminal Case 42 Of 2018) [2022] KEHC 10214 (KLR) (14 July 2022) (Judgment)

Irowa V Karuku (Succession Cause 7 Of 2010) [2022] KEHC [3309] (KLR) (7 July 2022) (Ruling)

Mbae V Speaker, County Assembly Of Nakuru & Another; Others (Interested Party) (Constitutional Petition E004 Of 2022) [2022] KEHC [3313] (KLR) (7 July 2022) (Judgment)

SBM Bank Kenya Limited V Geoffrey Ndungu Joseph T/A Venture Auctioneers & 2 Others (Civil Case E001 Of 2022) [2022] KEHC [3316] (KLR) (7 July 2022) (Ruling)

National Bank Of Kenyao V John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 Others (Civil Case 509 Of 1995) [2022] KEHC 10059 (KLR) (7 July 2022) (Judgment)

ASM V JOO (Matrimonial Cause E013 Of 2021) [2022] KEHC 10542 (KLR) (23 June 2022) (Ruling)

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