Ndii & others v Attorney General & others (Petition E282, 397, E400, E401, E402, E416 & E426 of 2020 (Consolidated)) [2021] KEHC 9763 (KLR) (Constitutional and Human Rights) (8 February 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 9763
- Citation
- [2021] KEHC 9763 (KLR)
- Decided
- 8 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from original trialCoramAs Musinga, BANSRA, Braithwaite, EC MWITA, GV ODUNGA, Honourable, Onguto
Holding
The court cannot make definitive findings of fact or law as to prejudice the hearing of the main petitions.
Facts
Petitioners sought conservatory orders against the Constitution (Amendment) Bill, 2020 and actions by the Independent Electoral and Boundaries Commission.
Issues
- principles to consider in granting conservatory orders
- nature and rationale of conservatory orders
Reasoning
The court must not prejudge the main petitions and must not make definitive findings of fact or law. The court must consider the principle of proportionality and the likelihood of prejudice.
Outcome
The petitioners' application for conservatory orders was denied.
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- State Liability and Proceedings Act
Cases cited (3)
- Attorney General v Sumair Bansraj (1985) 38 WIR 286
- East Coast Drilling –v- Petroleum Company of Trinidad and Tobago Limited (2000) 58 WIR 351
- Kanini v Okoa Kenya Movement & 6 others [2014] 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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