Election Petition 4 of 2017

Case Metadata
Case Number:	Election Petition 4 of 2017
Parties:	Njonjo Mue & Khelef Khalifa v Chairperson of Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & National Super Alliance Coalition
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 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)
Court Division:	Election Petitions
County:	Nairobi
Case Summary:	Supreme Court expunges internal correspondences between members of the Independent Electoral and Boundaries Commission in the presidential election petition Brief facts The applicant filed the instant notice of motion application dated November 11, 2017 seeking to strike out internal correspondences between members of the 2^nd respondent. Issues i. Whether the Supreme Court could expunge internal correspondences between members of the Independent Electoral and Boundaries Commission from a presidential election petition. Held The court expunged several documents from the record.
Extract:	Statutes Constitution of Kenya, 2010 — Article 50 — Interpreted Supreme Court Act, 2011 (Act No 7 of 2011) — Section 12(1), 24, 31 — Interpreted Supreme Court (Presidential Election Petition) Rules, 2017 (Act No 7 of 2011 Sub Leg) — Rule 9 — Interpreted Advocates None mentioned
Case Outcome:	Reasons for decision to be given on notice.
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

Case Metadata

Case Number:

Parties:

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 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)

Court Division:

Election Petitions

County:

Nairobi

Case Summary:

Supreme Court expunges internal correspondences between members of the Independent Electoral and Boundaries Commission in the presidential election petition

Brief facts

The applicant filed the instant notice of motion application dated November 11, 2017 seeking to strike out internal correspondences between members of the 2^nd respondent.

Issues

i. Whether the Supreme Court could expunge internal correspondences between members of the Independent Electoral and Boundaries Commission from a presidential election petition.

Held

The court expunged several documents from the record.

Extract:

Statutes

Constitution of Kenya, 2010 — Article 50 — Interpreted
Supreme Court Act, 2011 (Act No 7 of 2011) — Section 12(1), 24, 31 — Interpreted
Supreme Court (Presidential Election Petition) Rules, 2017 (Act No 7 of 2011 Sub Leg) — Rule 9 — Interpreted

Advocates

None mentioned

Case Outcome:

Reasons for decision to be given on notice.

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

Njonjo Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others [2017] eKLR

Neutral citation: [2017] KESC 28 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Election Petitions

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

1^st Petitioner

Khelef Khalifa

2^nd Petitioner

and

Chairperson of Independent Electoral and Boundaries Commission

1^st Respondent

Independent Electoral and Boundaries Commission

2^nd Respondent

H. E. Uhuru Muigai Kenyatta

3^rd Respondent

National Super Alliance Coalition

4^th Respondent

(Being an Application by the 3rd Respondent to strike out internal correspondences between members of the 2nd 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 November 11, 2017 shall be as follows:(i)The following documents are expunged from the record:(a)The internal memo dated September 5, 2017 from the 1^st Respondent to the Chief Executive Officer, Mr Ezra Chiloba marked NM-3 annexed to the Affidavit of Njonjo Mue sworn on November 5, 2017.(b)The Internal memo dated October 9, 2017 from a former Commissioner of the 2^nd respondent, Ms Roseylne Akombe to the 1^st Respondent marked NM-10 annexed to the Affidavit of Njonjo Mue sworn on November 5, 2017.(c)The Internal Memo dated October 14, 2017 from the Chief Executive Officer of the 1^st Respondent addressed to the Directors, Managers, CEMS and CECs of the 2^nd respondent marked as NM-12 annexed to the Affidavit of Njonjo Mue sworn November 5, 2017.(d)Internal Memo dated 1October 6, 2017 from a former Commissioner of the 2^nd respondent, Ms Roseylne Akombe to the 1^st Respondent marked as NM-13 annexed to the Affidavit of Njonjo Mue sworn on November 5, 2017.(e)The Internal Memo dated October 16, 2017 from a former Commissioner of the 2^nd respondent, Ms Roselyn Akombe to the 1^st respondent marked as PA-7 annexed to the Affidavit of Perpetua Adar sworn on November 5, 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 14^TH 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

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