Njonjo Mue & Khelef Khalifa v Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance Coalition (Election Petition 4 of 2017) [2017] KESC 28 (KLR) (Election Petitions) (14 November 2017) (Ruling)
Njonjo Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others [2017] eKLR
Neutral citation:
[2017] KESC 28 (KLR)
Republic of Kenya
Election Petition 4 of 2017
DK Maraga, CJ, PM Mwilu, DCJ & V-P, JB Ojwang, SC Wanjala, NS Ndungu & I Lenaola, SCJJ
November 14, 2017
Between
Njonjo Mue
1st Petitioner
Khelef Khalifa
2nd Petitioner
and
Chairperson of Independent Electoral and Boundaries Commission
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
H. E. Uhuru Muigai Kenyatta
3rd Respondent
National Super Alliance Coalition
4th Respondent
(Being an Application by the 3{{^rd}} Respondent to strike out internal correspondences between members of the 2{{^nd}} Respondent, pursuant to Article 50 of the Constitution, Section 12(1), 24 and 31 of the Supreme Court Act, Rule 9 and 17 of the Supreme Court (Presidential Election Rules), 2017 and all other enabling provisions of the law)
Ruling
[1]In view of the issues raised by the parties in their affidavits and submissions and noting the very limited time this court has to consider and deliver a detailed and reasoned decision, having deliberated on the contested issues placed before us, our final orders regarding the Notice of Motion dated 11th November, 2017 shall be as follows:(i)The following documents are expunged from the record:(a)The Internal Memo dated 5th September, 2017 from the 1st Respondent to the Chief Executive Officer, Mr. Ezra Chiloba marked NM-3 annexed to the Affidavit of Njonjo Mue sworn on 5th November, 2017.(b)The Internal memo dated 9th October, 2017 from a former Commissioner of the 2nd respondent, Ms. Roseylne Akombe to the 1st Respondent marked NM-10 annexed to the Affidavit of Njonjo Mue sworn on 5th November, 2017.(c)The Internal Memo dated 14th October, 2017 from the Chief Executive Officer of the 1st Respondent addressed to the Directors, Managers, CEMS and CECs of the 2nd respondent marked as NM-12 annexed to the Affidavit of Njonjo Mue sworn 5th November, 2017.(d)Internal Memo dated 16th October, 2017 from a former Commissioner of the 2nd respondent, Ms Roseylne Akombe to the 1st Respondent marked as NM-13 annexed to the Affidavit of Njonjo Mue sworn on 5th November, 2017.(e)The Internal Memo dated 16th October, 2017 from a former Commissioner of the 2nd respondent, Ms. Roselyn Akombe to the 1st respondent marked as PA-7 annexed to the Affidavit of Perpetua Adar sworn on 5th November, 2017.(ii)There shall be no orders as to costs.
[2]The reasons for this decision shall be given on notice.
DATED and DELIVERED at NAIROBI this 14th Day of November, 2017.D. K. MARAGA CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT P. M. MWILU DEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURTJ. B. OJWANG S. C. WANJALAJUSTICE OF THE SUPREME COURT N. S. NDUNG’UJUSTICE OF THE SUPREME COURTI. LENAOLAJUSTICE OF THE SUPREME COURT I certify that this is a true copy of the originalREGISTRAR