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Justice Jeanne W Gacheche & 5 others v Judges and Magistrates Vetting Board & 2 others [2015] KEHC 5454 (KLR)

[2015] KEHC 5454 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5454
Citation
[2015] KEHC 5454 (KLR)
Decided
24 April 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondents sought leave to appeal the High Court's judgment dismissing their petitions.CoramEmukule, KM, Lenaola, Mabeya, Musinga, Musyoka, Mutunga, Njoki SCJ, Odunga, Otieno-Odek, Rawal DC, Ringera, The
Holding

The court found the Supreme Court judgment valid and enforceable, and struck out the petitions for lack of jurisdiction.

Facts

Petitioners challenged the validity of the Supreme Court's judgment of November 5, 2014, and alleged conflicting Supreme Court decisions.

Issues

  1. Is the Supreme Court judgment of November 5, 2014 valid and enforceable?
  2. Does the judgment bind judicial officers?
  3. Are there conflicting Supreme Court decisions regarding the Board's jurisdiction?
  4. What is the impact of the Supreme Court's judgment?
  5. Should the petitions be stayed pending the Supreme Court's decisions?

Reasoning

The court ruled that the Supreme Court's judgment was valid and proceeded to strike out the petitions.

Outcome

The petitions were struck out.

Orders

  • Striking out the petitions for want of jurisdiction and other reasons given above.

Authorities cited

Legislation (2)
  • Constitution of Kenya, 2010
  • Vetting of Judges and Magistrates Act, Act No. 2 of 2010
Cases cited (2)
  • Judges and Magistrates Vetting Board & Others vs. The Centre for Human Rights and Democracy
  • Judges and Magistrates Vetting Board vs. Kenya Magistrates and Judges Association & Another
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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