THE AFRICA CENTRE FOR OPEN GOVERNANCE(AFRICOG) v AHMED ISSACK HASSAN & another [2013] KEHC 6064 (KLR)
- Court
- High Court of Kenya
- Case number
- 6064
- Citation
- [2013] KEHC 6064 (KLR)
- Decided
- 8 March 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPosturePetition for Interlocutory OrdersCoramD. MAJAN
Holding
The High Court does not have exclusive jurisdiction over the matter as reserved for the Supreme Court under Article 165(5)(a) of the Constitution.
Facts
The Petitioner, AFRICOG, filed a petition seeking orders to stop manual tallying of presidential ballots without verification, start a fresh tallying, allow access to political party agents and observers, and use an electronic tallying system.
Issues
- Whether the High Court has jurisdiction to entertain the petition regarding the presidential election process
Reasoning
The Court found that the Supreme Court has exclusive original jurisdiction over disputes relating to presidential elections under Article 140 of the Constitution, and the High Court cannot determine such disputes.
Outcome
The Petition is dismissed.
Authorities cited
Legislation (3)
- Article 165(3) of the Constitution
- Article 163(3)(a) of the Constitution
- Article 140 of the Constitution
Cases cited (2)
- Advisory Opinion No. 2 of 2012
- The Owners of Motor Vessel 'Lillian S' v Caltex Oil Kenya
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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