Maina Kiai & 2 others v Independent Electoral and Boundaries Commission & 2 others [2017] [2017] KEHC 8646 (KLR)
- Court
- High Court of Kenya
- Case number
- 8646
- Citation
- [2017] KEHC 8646 (KLR)
- Decided
- 7 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court, NairobiCoramMwita
Holding
The court held that it had jurisdiction to hear and determine the issues raised in the petition.
Facts
Petitioners filed a petition against the Independent Electoral and Boundaries Commission (IEBC) and the Attorney General, alleging that sections of the Elections Act and regulations are unconstitutional.
Issues
- whether this court had the jurisdiction to hear and determine the issues raised by the petition
- whether the petition was res judicata
- whether presidential election results declared by the constituency returning officer were final or provisional
- whether regulations 83(2), 84(1) and 87(2)(c) of the Elections (General) Regulations 2012 are contrary to Articles 86 and 138(2) of the Constitution
Reasoning
The court determined that the High Court has jurisdiction to hear and determine disputes relating to presidential elections as per Article 258(2)(c) of the Constitution.
Outcome
The petition was dismissed.
Authorities cited
Legislation (3)
- Elections Act 2011
- Elections (General) Regulations 2012
- Constitution of Kenya 2010
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.
Loading judgment…