Case Metadata |
|
Case Number: | Presidential Election Petition 4 of 2017 |
---|---|
Parties: | Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others |
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: | Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition 4 of 2017) [2017] KESC 5 (KLR) (Election Petitions) (14 November 2017) (Ruling) |
Court Division: | Election Petitions |
County: | Nairobi |
Case Summary: | Circumstances under which the Supreme Court would grant orders for scrutiny of votes.
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
Electoral Laws-presidential election petition-scrutiny of votes-principles applicable to the grant of orders of scrutiny of votes-circumstances under which the Court would grant orders of scrutiny of votes.
Brief facts The 1st and 2nd Petitioners made an application for orders of scrutiny dated October 13, 2017. The application contained 20 prayers in total.
Issue
Held
Application allowed. Orders:-
|
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
(Coram: Maraga, CJ &P, Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki & Lenaola, SCJJ)
PRESIDENTIAL ELECTION PETITION NO. 4 OF 2017
- BETWEEN -
NJONJO MUE…………............…………………………1ST PETITIONER
KHELEF KHALIFA…..……….………………............…..2ND PETITIONER
- AND -
1. THE CHAIRPERSON OF THE INDEPENDENT
ELECTORAL AND BOUNDARIES COMMISSION......1ST RESPONDENT
2. INDEPENDENT ELECTORAL AND BOUNDARIES
COMMISSION................................................................2ND RESPONDENT
3. H. E. UHURU MUIGAI KENYATTA............................3RD RESPONDENT
4. NATIONAL SUPER ALLIANCE COALITION..........4TH RESPONDENT
RULING OF THE COURT
[1] We have considered the application for scrutiny dated, 13th October 2017, by the 1st and 2nd petitioners in Election Petition no. 4 of 2017. The application contains 20 prayers in all. We have also considered the affidavits in support of and opposition to the said application. We have paid due regard to the oral submissions of counsel for the petitioners and the respondents. In arriving at the Orders we are about to make, we have been guided by the principles laid down by this Court in Peter Gatirau Munya; regarding applications and Orders for scrutiny. We are further guided by our Ruling of 28th October, 2017 in Raila Odinga & Kalonzo Musyoka v. IEBC & Others; wherein following an application for scrutiny by the petitioners, this Court further clarified the grounds upon which an Order for scrutiny may be granted, or partially granted, or declined altogether.
[2] Pursuant to the foregoing, by unanimous decision, we hereby make the following Orders:
(i) The 2nd respondent do grant access to all original Forms 34A, Forms 34B, and Forms 34C to the petitioners herein. (Prayer 14).
(ii) The 2nd respondent do avail a certified copy of the Voter Register to the petitioners at the cost of the latter (petitioners) (Prayer 17).
(iii) Prayers 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18 and 19 are hereby declined. The said prayers have been declined on the basis of very clear grounds which will be elaborated in a detailed version of this ruling to be issued by the Court at a later date. Some of the prayers have been declined due to the sheer impracticability of their implementation given the short time left for the determination of the petitions at hand. Others have been declined because they were not pleaded with sufficient particularity in the Petition. Yet others, were declined on grounds that they are couched in such general terms as to be no more than fishing expeditions.
DATED and DELIVERED at NAIROBI this 14th Day of November, 2017.
……………………………… ……….……………………………………
D. K. MARAGA P. M. MWILU
CHIEF JUSTICE & PRESIDENT OF
THE SUPREME COURT DEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT
………………………………………. ….…..…………………………………………….
J. B. OJWANG S. C. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
……………………………………… …………………………………………………..
N. S. NDUNG’U 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