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:
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:

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 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 11^th November, 2017 shall be as follows:(i)The following documents are expunged from the record:(a)The Internal Memo dated 5^th September, 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 5^th November, 2017.(b)The Internal memo dated 9^th October, 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 5^th November, 2017.(c)The Internal Memo dated 14^th October, 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 5^th November, 2017.(d)Internal Memo dated 16^th October, 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 5^th November, 2017.(e)The Internal Memo dated 16^th October, 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 5^th 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 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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Election Petition 4 of 2017

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