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OKIYA OMTATAH OKOITI V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1774 (KLR)

[2012] KEHC 1774 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1774
Citation
[2012] KEHC 1774 (KLR)
Decided
8 October 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from a previous decisionCoramD.S. MAJAN
Holding

The petition is dismissed as the application is res-judicata and there are no new circumstances either of law or fact that would entitle the judge to review his previous decision.

Facts

The petitioner, Okiya Omtatah Okoiti, seeks to stop the implementation of a contract for the supply of Biometric Voter Registration (BVR) kits to the Independent Electoral Commission of Kenya.

Issues

  1. Whether to issue conservatory orders to suspend the contract and restrain the respondents from contracting over the BVR kits.
  2. Whether the constitutional provisions allow the contract to be executed.

Reasoning

The court balanced various values and national principles and concluded that it would be improper to grant conservatory orders or interfere with the constitutionality underpinned electoral process.

Outcome

The petition is dismissed.

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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