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National Rainbow Coalition (NARK Kenya). v Independent Electoral and Boundaries Commission (I.E.B.C.) & 3 others [2017] KEHC 9441 (KLR)

[2017] KEHC 9441 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9441
Citation
[2017] KEHC 9441 (KLR)
Decided
18 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a preliminary objectionCoramJohn M. Mativo
Holding

The petition is res judicata and lacks specificity and clarity, and the preliminary objection is upheld.

Facts

The Party of National Unity was formed by an alliance of political parties in August 2007, and the petitioner was one of the parties. The parties migrated to the Political Parties Act in July 2008, and a resolution was passed to allocate 80% of the funds to the PNU Alliance on a 60%-40% basis.

Issues

  1. Whether the petition is res judicata
  2. Whether the petition raises constitutional issues
  3. Whether the petition is specific and clear

Reasoning

The court finds that the petition is res judicata and lacks specificity and clarity, and the preliminary objection is upheld.

Outcome

Petition dismissed

Orders

  • Petition dismissed

Authorities cited

Legislation (6)
  • Societies Act
  • Political Parties Act
  • Political Parties Fund
  • Political Parties Act, 2007
  • Political Parties Act, 2011
  • Distribution of Political Parties Funds Following General Elections
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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