Kenyan case law
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Kibisu v Republic (Petition 3 of 2014) [2018] KESC 34 (KLR) (28 February 2018) (Ruling)
✦ The Supreme Court held that Article 163(7) of the Constitution does not grant the Court power to review its own decision, and that Section 21(4) of the Supreme Court Act does not confer jurisdiction to review its own judgments.
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Mate & another v Wambora & another (Petition 32 of 2014) [2017] KESC 1 (KLR) (15 December 2017) (Judgment)
✦ The petition of appeal dated October 2, 2014 is hereby upheld. The conservatory orders issued on January 23, 2014 in Kerugoya Petition No 3 of 2014 are hereby annulled. The judgment and order of the Court of Appeal delivered on September 30, 2014 in Civil Appeal No 24 of 2014 is hereby set aside. Each party to bear own cost.
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Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) (Petition 15 & 16 of 2015 (Consolidated)) [2017] KESC 2 (KLR) (14 December 2017) (Judgment)
✦ The mandatory nature of the death sentence is unconstitutional as it denies a person the right to a fair trial with regard to mitigation and violates the right to human dignity.
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Mwau & 2 others v Independent Electoral & Boundaries Commission & 2 others; Aukot & another (Interested Parties) (Election Petition 2 & 4 of 2017) [2017] KESC 54 (KLR) (11 December 2017) (Judgment)
✦ The court determined that the presidential election held on October 26, 2017, was conducted in conformity with the Constitution and the applicable laws, and that the petitioners' case lacks merit.
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Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition 4 of 2017) [2017] KESC 45 (KLR) (Election Petitions) (11 December 2017) (Ruling)
✦ Evidence obtained in a manner inconsistent with the Bill of Rights is to be excluded from any trial.
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Mwau v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 2 & 4 of 2017 (Consolidated)) [2017] KESC 53 (KLR) (20 November 2017) (Determination)
✦ The petitions are not merited, and the presidential election of 26th October 2017 is hereby upheld, as is the election of the 3rd respondent.
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Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 6 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The application is disallowed. The applicant does not intend to make submissions before the court that are not already presented by the rest of the parties.
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Pkosing v National Super Alliance & 12 others (Petition 19 of 2017) [2017] KESC 9 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The application did not fall within the purview of article 140 of the Constitution which required petitions challenging the election of the president elect to be filed within seven days of the declaration of the results of the presidential election and heard and determined within 14 days of filing.
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Institute for Democratic Governance v Odinga & 4 others; Independent Electoral and Boundaries Commission & another (Interested Parties) (Election Petition 3 of 2017) [2017] KESC 8 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The petition could not be heard together with the other petitions, as it did not challenge the election of the President-elect and was not time-bound.
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Mwau v Independent Electoral and Boundaries Commission & 2 others; Wamaya (Applicant) (Presidential Election Petition 2 of 2017) [2017] KESC 7 (KLR) (14 November 2017) (Ruling)
✦ The application is disallowed as the applicant does not intend to make submissions before the Court that are not already presented by the rest of the parties.
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Mwau v Independent Electoral and Boundaries Commission & 2 others; Maina (Interested Party) (Presidential Election Petition 2 of 2017) [2017] KESC 4 (KLR) (14 November 2017) (Ruling)
✦ The application is disallowed. The application does not meet the principles laid out in Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others and Francis Karioki Muruatetu & another v Republic & 5 others.
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Mue & another v Chairperson Independent Electoral and Boundaries Commission & 3 others; Aukot (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 10 (KLR) (14 November 2017) (Ruling)
✦ The application is allowed. The applicant, being a presidential candidate in the fresh presidential election, will be directly affected by the outcome of the petition in the event of invalidation of the declared results.
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Institute for Democratic Governance v Odinga & 4 others; Independent Electoral and Boundaries Commission & another (Interested Parties); Oganga (Applicant) (Election Petition 3 of 2017) [2017] KESC 44 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The Supreme Court dismissed the application as it was contrary to the public interest.
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Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 30 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The Supreme Court held that the petitioners were under a duty to strictly comply with the law and file all required documents within time. However, due to the voluminous nature of the materials, there was a possibility of a mix-up leading to incomplete sets of documents.
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Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition 4 of 2017) [2017] KESC 5 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The Supreme Court allows the application for scrutiny of votes with certain limits.
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Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 28 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The court expunged several documents from the record.
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Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 29 (KLR) (Election Petitions) (14 November 2017) (Ruling)
✦ The 4th respondent, the National Super Alliance, was struck out as a respondent in the petition due to an intricate network of common cause linking them to other parties in the petition.
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Mwau v Independent Electoral and Boundaries Commission & 2 others; Attorney General (Amicus Curiae) (Petition 2 of 2017) [2017] KESC 3 (KLR) (14 November 2017) (Ruling)
✦ The Attorney General's application to be admitted as amicus curiae was dismissed.
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Odinga & another v Independent Electoral and Boundaries Commission & 6 others (Election Petition 1 of 2017) [2017] KESC 52 (KLR) (17 October 2017) (Ruling)
✦ The Supreme Court held that the application was not properly before it and dismissed the application for lack of jurisdiction.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 42 (KLR) (Election Petitions) (20 September 2017) (Judgment) (with dissent - JB Ojwang & N Ndungu, SCJJ)
✦ The Supreme Court declared the presidential election invalid for not being conducted in accordance with the applicable law.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Election Petition 1 of 2017) [2017] KESC 32 (KLR) (1 September 2017) (Determination)
✦ The presidential election held on August 8, 2017 was not conducted in accordance with the Constitution and the applicable law, rendering the declared result invalid, null and void.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Election Petition 1 of 2017) [2017] KESC 31 (KLR) (Election Petitions) (28 August 2017) (Ruling)
✦ The petitioners are entitled to the prayers in the motion for access to information and scrutiny of votes.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Information Communication Technology Association (ICTAK) (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 40 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ The application for admission as amicus curiae was denied as the applicant did not meet the legal requirements provided under rule 4(2) of the Supreme Court (Presidential Election Petition) Rules, 2017 as read with Rule 54 of the Supreme Court Rules, 2012.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Mwaura (Intended Respondent) (Presidential Election Petition 1 of 2017) [2017] KESC 38 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ The court outlined the guiding principles for being enjoined as amicus curiae in a presidential election petition, but did not make a final decision on whether Mwaura met the legal requirements.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Wafula (Interested Party) (Presidential Election Petition 1 of 2017) [2017] KESC 41 (KLR) (27 August 2017) (Ruling)
✦ The application was dismissed as the applicant was not in a position to advance any submissions that would be helpful to the court and introduced new parties and excluded other parties, and new facts and issues that were not before the court.