Speaker of the National Assembly v Karume (Civil Application 92 of 1992) [1992] KECA 42 (KLR) (29 May 1992) (Ruling)
- Court
- Court of Appeal
- Case number
- 42
- Citation
- [1992] KECA 42 (KLR)
- Decided
- 29 May 1992
The existence of practical difficulties does not justify circumventing the procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament. The filing and pendency of the election petition were material facts.
Facts
The respondent, James Njenga Karume, filed an election petition, but the Speaker of the National Assembly sought a stay of execution of the High Court's ruling.
Issues
- Whether the existence of practical difficulties justifies circumventing the procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament.
- Whether the filing and pendency of the election petition were material facts affecting the trial court's discretion.
Reasoning
The court held that the clear procedure for the redress of grievances prescribed by the Constitution and an Act of Parliament must be strictly followed. The filing and pendency of the election petition were material facts that should have been disclosed.
Outcome
Application allowed; all orders made by the High Court were stayed pending the hearing and determination of the intended appeal.
Orders
- All orders made by the High Court on May 20, 1992, were stayed pending the hearing and determination of the intended appeal;
Remedies
- No prejudice would result to the respondent as the Speaker was in any event obliged to issue the necessary writ under section 13(2) (c) of the Constitution within 4 months from March 9, 1992, being the date of publication of the declaration.
Authorities cited
Legislation (2)
- Court of Appeal Act
- Constitution of Kenya
Cases cited (2)
- Rex v Kensington Income Tax Commissioners Ex Parte Princess Edmond De Polignac
- Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd
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