Case Metadata |
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| Case Number: | Election Petition 4 of 2017 |
|---|---|
| Parties: | Njonjo Mue & Khelef Khalifa v Chairperson of the Independent Electoral and Boundaries Commission,Attorney-General ,Uhuru Muigai Kenyatta & National Super Alliance |
| Date Delivered: | 14 Nov 2017 |
| Case Class: | Civil |
| Court: | Supreme Court of Kenya |
| Case Action: | Ruling |
| Judge(s): | David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu |
| Citation: | Njonjo Mue & Khelef Khalifa v Chairperson of the Independent Electoral and Boundaries Commission,Attorney-General ,Uhuru Muigai Kenyatta & National Super Alliance (Election Petition 4 of 2017) [2017] KESC 29 (KLR) (Election Petitions) (14 November 2017) (Ruling) |
| Court Division: | Election Petitions |
| County: | Nairobi |
| Case Summary: | Supreme Court strikes out a party to a presidential election petition on grounds of having a common cause with other parties in the petition. Njonjo Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others Presidential Election petition No 4 of 2017 Supreme Court at Nairobi D K Maraga, CJ & P, P M Mwilu, DCJ & V-P, J B Ojwang, S C Wanjala, N S Njoki and I Lenaola, SCJJ November 14, 2017
Reported by Beryl A Ikamari Civil Practice and Procedure-parties to a suit-joinder of parties to a suit-whether it was appropriate to join a party with a common cause with other parties to a suit, including the Petitioners, as a Respondent-whether it was appropriate for a Respondent which had such a common cause to be struck out. Issues
Held
Orders issued for the striking out of the 4th Respondent as a Respondent in the petition. |
| Case Outcome: | Strucked out |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Maraga, CJ & P; Mwilu, DCJ & V-P; Ojwang, Wanjala, Njoki & Lenaola, SCJJ)
PRESIDENTIAL ELECTION PETITION NO. 4 OF 2017
–BETWEEN–
1. NJONJO MUE
2. KHELEF KHALIFA.......................................................PETITIONERS
AND
1. THE CHAIRPERSON OF THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION..................................RESPONDENTS
2. THE HON. THE ATTORNEY-GENERAL
3. H.E. UHURU MUIGAI KENYATTA
4. NATIONAL SUPER ALLIANCE
RULING [IN SUMMARY]
[1] An intricate network of common cause links the 4th respondent to the other parties to this petition, in a formation that is clearly detrimental to the 3rd respondent who, in view of the mode of joinder of the 4th respondent, will have no opportunity to safeguard his rightful interests in the electoral process – a subject which is, quite significantly, one of the most important public interest.
[2] In the circumstances, the 4th respondent must be struck out as a respondent in this petition.
Orders accordingly.
DATED and DELIVERED at NAIROBI this 14th day of November, 2017.
……………………. .……………………
D. K. MARAGA P. M. MWILU
CHIEF JUSTICE & PRESIDENT DEPUTY CHIEF JUSTICE & VICE OF THE SUPREME COURT
PRESIDENT OF THE SUPREME COURT
…………………………………………. ………..…..……………………………
J. B. OJWANG S. C. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
…………………………………………. ………………………..………………
NJOKI NDUNGU I. LENAOLA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
I certify that this is a true copy of the original
REGISTRAR
SUPREME COURT OF KENYA
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