Kenya Human Rights Commission & another v Chebukati & 2 others (Petition E400 of 2022) [2025] KEHC 8 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 8
- Citation
- [2025] KEHC 8 (KLR)
- Decided
- 9 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human RightsPostureAppeal from the High Court at Nairobi (Milimani Law Courts)CoramCA, LN MUGAMBI
Holding
The IEBC is not required to keep the results of all Forms 34A & 34B in relation to the Presidential elections permanently accessible on a public portal after the conclusion of the elections.
Facts
The petitioners allege that the Independent Electoral and Boundaries Commission (IEBC) failed to maintain all Forms 34A, 34B, and 34C in relation to the Presidential elections after the conclusion of the 2022 General Elections.
Issues
- Whether the IEBC is legally required to maintain, after the general elections, all Forms 34A & 34B and 34C in relation to the Presidential elections.
- Whether the IEBC's failure to do so is in violation of various constitutional articles.
Reasoning
The court found that the dispute was about the interpretation of a statutory provision and not a constitutional question. The petitioner's argument that the provision should be interpreted broadly to accord with constitutional principles was not accepted.
Outcome
The petition was dismissed.
Authorities cited
Legislation (2)
- Elections Act (cap 7)
- Constitution of Kenya
Cases cited (1)
- Ibrahim Wakhanyanga & 2 others v Chief Magistrate’s Court Kakamega & 2 others; Attorney General for Land Registrar Kakamega (Interested party) [2022] 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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