Okoiti v Independent Electoral and Boundaries Commission & another; Kenyatta & 7 others (Interested Parties) (Petition 18 of 2016) [2020] KESC 68 (KLR) (7 February 2020) (Judgment)
- Court
- Supreme Court of Kenya
- Case number
- 68
- Citation
- [2020] KESC 68 (KLR)
- Decided
- 7 February 2020
The Supreme Court lacks jurisdiction to hear and determine the petition as it was filed before the declaration of results of the presidential election.
Facts
The petitioner filed a petition challenging the validity of the presidential election held on October 26, 2017, before the declaration of results.
Issues
- At what point would the jurisdiction of the Supreme Court be invoked when determining validity of a presidential election?
- Whether the Supreme Court had the exclusive original jurisdiction to hear and determine disputes relating to the elections to the Office of the President, including interpretation of all the articles relating to the election of a president.
- Whether the petition could be considered a public interest initiative when determining costs.
Reasoning
The Constitution confers exclusive original jurisdiction on the Supreme Court to determine disputes relating to the election of the President under Article 140 only. The jurisdiction is limited to the circumstances contemplated in Article 140(1). The Supreme Court's exclusive and original jurisdiction to determine the validity of a presidential election only kicks in after the declaration of results, following a petition challenging the election.
Outcome
The Petition is struck out for want of jurisdiction.
Orders
- The Petition dated October 27, 2017, is hereby struck out for want of Jurisdiction.
- The petitioner shall bear the Costs of this Petition.
Authorities cited
Legislation (3)
- Article 140 of the Constitution
- Article 163(3) of the Constitution
- Article 165(3)(d) of the Constitution
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