Okiya Omtatah Okoiti v Attorney General & 5 others [2020] KEHC 10296 (KLR)
- Court
- High Court of Kenya
- Case number
- 10296
- Citation
- [2020] KEHC 10296 (KLR)
- Decided
- 16 November 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents' appeal from a ruling on a petitionCoramA. C. Mrima
Holding
The court grants the conservatory order and injunction orders pending the hearing of the petition.
Facts
The Petitioner, Okiya Omtatah Okoiti, challenges the constitutionality of the Independent Electoral Boundaries Commission (Amendment) Act No. 18 of 2020. The application seeks a conservatory order and injunction orders.
Issues
- Principles for granting conservatory orders
- Whether the Petition alleging violation of, or threat of violation of rights will be rendered nugatory if conservatory orders are not granted
Reasoning
The court applies established principles for conservatory orders, emphasizing the need for a prima facie case, likelihood of success, and the public interest.
Outcome
Appeal upheld
Orders
- Conservatory order staying and suspending the coming into force and implementation of Sections 2 and 3 of the IEBC Amendment Act
Remedies
- Injunction restraining the 4th, 5th and 6th Respondents from nominating members to the selection panel of the Independent Electoral and Boundaries Commission and compiling and forwarding names of persons nominated under Section 2 of the IEBC Amendment Act
Authorities cited
Legislation (1)
- Independent Electoral Boundaries Commission (Amendment) Act No. 18 of 2020
Cases cited (2)
- Civil Application No. 5 of 2014 Gatirau Peter Munya -v- Dickson Mwenda Kithinji & 2 Others (2014) eKLR
- Wilson Kaberia Nkunja vs. The Magistrate and Judges Vetting Board and Others Nairobi High Court Constitutional Petition No.154 of 2016 (2016) eKLR
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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