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Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information. A court has no right to resort to them on considerations of alleged policy because policy in such matters as those related to the trial of election disputes, is what the statute lays down. Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions Home About Us Our Partners Careers Contact Us Sitemap. It is statutory proceedings to which neither common law nor the principles of equity and a special jurisdiction has always to be exercised in accordance with the statute creating it. Follow us:. To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields.

  • Election Petition 1 of Kenya Law
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    Election Petition 1 of Please Wait. Blog Forum. Having therefore ruled that this petition was filed prematurely did or does this court have jurisdiction to hear the same?

    The Regulation 87 9 and 10 of the General Regulations is even clearer as it talks of provisional results being submitted by the returning officers and the county returning officers to the Commission. Help Advanced search Help.

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    Where statute is silent and judicial intervention is required courts strive to redress grievance according to what is perceived to be principles of justice equity and good conscience.


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    In the trial of election disputes court is put in a straight jacket emphasis added.

    Regulation 86 of the General Regulations further states that after the final tallying and announcement of results, the returning officer shall seal up in separate tamper proof envelopes Ngoepe Bernard M. Help Advanced search Help.

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    On the issue of internal conflict between the Articles of the Constitution and section of the Election Act Mr.

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    I am therefore in agreement with those who hold and rightly so that the commencement date in computing the 28 days within which to file a petition is the date when the elections results are gazetted by the Independent Electoral and Boundaries Commission.

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    In therefore arriving at the decision to use the inherent jurisdiction of the court not to strike out the petition, I have noted that both the Constitution and the statute does not expressly provide that a petition filed irregularly ought to be struck out and each case must be decided on its own merits.

    Election Petition 1 of Kenya Law

    In the present context, and upon a close reading of the Act and General Regulations a line is drawn between the mandate of the returning officer and that of the Commission. In our case the legislature for avoidance of doubt put the publication of the election result in the gazette as the starting point and as the mode of declaration for purposes of Article 88 A of the Constitution and therefore this court would not interpret the said provision in such away which would frustrate legislature intent.

    On the issue of declaration of results the emerging jurisprudence from the courts across the country is that a declaration of the results is by IEBC through Kenya Gazette in fulfillment of the requirement of section 76 1 a of the election Act and Article 87 of the Constitution.

    Where statute is silent and judicial intervention is required courts strive to redress grievance according to what is perceived to be principles of justice equity and good conscience. Ngoepe Bernard M. A court has no right to resort to them on considerations of alleged policy because policy in such matters as those related to the trial of election disputes, is what the statute lays down.


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    Walekhwa R. Article 86 of the Constitution particularly sub article c and various provisions of the act and the rules point to the fact that the returning officers are primarily responsible for the announcement of results at the Constituency or County level as opposed to the 'declaration' envisaged under Article 87 and section 77 of the Act.

    Upholding of submission that limitation for filing an election petition should be reckoned not with reference to the date on which the candidate whose election is challenged was declared elected at a general election would not only make the provision cumbersome and contrary to the provisions of the Act, particularly against the scheme of amendments introduced in and but would also make the starting point of limitation uncertain, indefinite and fluctuating ….

    The Constitution also states the legislations which must be passed by parliament to actualize the operations of the values and principles stated herein in the following terms. On the issue of declaration of results the emerging jurisprudence from the courts across the country is that a declaration of the results is by IEBC through Kenya Gazette in fulfillment of the requirement of section 76 1 a of the election Act and Article 87 of the Constitution.

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    The information contained in the above segment is not part of the judicial opinion delivered by the Court. A court has no right to resort to them on considerations of alleged policy because policy in such matters as those related to the trial of election disputes, is what the statute lays down.

    The Constitution also states the legislations which must be passed by parliament to actualize the operations of the values and principles stated herein in the following terms. Where statute is silent and judicial intervention is required courts strive to redress grievance according to what is perceived to be principles of justice equity and good conscience.

    Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions.

    The Commission shall determine,declare and publish the results of an election immediately after close of polling.

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    Thuo mathenge profile by gottex
    Article 88 4 e of the Constitution gives the Commission the jurisdiction in. Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e. On the issue of declaration of results the emerging jurisprudence from the courts across the country is that a declaration of the results is by IEBC through Kenya Gazette in fulfillment of the requirement of section 76 1 a of the election Act and Article 87 of the Constitution.

    Regulation 86 of the General Regulations further states that after the final tallying and announcement of results, the returning officer shall seal up in separate tamper proof envelopes Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions Home About Us Our Partners Careers Contact Us Sitemap.