The report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. In 20 he said the election was rigged and took his case to the supreme court, but lost. Being an application for stay of execution of the part of the judgment and consequential orders of the court of appeal of kenya musinga, gatembu, and murgor jj. Download the court of appeal election petition rules, 2017 l. The petition was filed at the supreme court of kenya on 16 march 20. Sep 01, 2017 nairobi, kenya in a historic ruling and a first in africa, kenyas supreme court nullified on friday the reelection of a sitting president, ordering a new vote to be held within 60 days. Community uplift ministries inc vs nathan chesang moson and others.
Sep 06, 2017 thus, on august 18, 2017, lawyers representing the national super alliance, the opposition coalition led by odinga, filed a petition with the supreme court of kenya. Aug 30, 2017 kenyas supreme court judges will make a ruling on the disputed kenyas presidential election petition on friday after it concluded its hearing on tuesday. Immediately after the delivery of that ruling, we shall commence the hearing, maraga said. The judiciary on friday confirmed that registrar esther nyaiyaki has notified parties that the court would sit at 11am. Kenya supreme court nullifies presidential election. Kenyas supreme court has dismissed two petitions against the oct. Raila has contested the win by president uhuru kenyatta following the general election on tuesday august 8 alleging that that he was rigged out and that the entire exercise was compromised. Kenya supreme court nullifies presidential election the. Although the documents were not filed in accordance of the rules, the court has, in the interest of justice, retained them the documents vide the courts inherent jurisdiction. In other words, it is a means under law to challenge the election of a. Sep 02, 2017 kenyas supreme court has delivered a landmark ruling nullifying the election of president uhuru kenyatta in july 2017. Kenya supreme court upholds reelection of president kenyatta.
Supreme court ready to deliver presidential petition ruling friday september 1, 2017 the supreme court will deliver judgment on the presidential election petition filed by nasa leader raila odinga at 11am friday, the judiciary has said. Following the general election that was conducted on 08 august 2017, and the declaration of the 3 r d respondent herein as the presidentelect on 11 august 2017, raila amolo odinga and stephen kalonzo musyoka successfully challenged the presidential election in supreme court of kenya presidential election petition no. File the hearing of this petition was concluded on tuesday, 29th august 2017 well after 9. Nairobi, kenya in a historic ruling and a first in africa, kenyas supreme court nullified on friday the reelection of a sitting president, ordering a new vote to be held within 60 days. Kenyas supreme court ruling on the presidential petition by the mast on september 2, 2017. Kenyas general election were held on august 8, 2017. Kenyas supreme court has upheld the reelection of president. Full 2017 kenya supreme court ruling on presidential. Sep 20, 2017 in 20 he said the election was rigged and took his case to the supreme court, but lost. In the election of her representatives, kenya holds general elections on the second tuesday of august in every fifth year.
High court and the court of appeal and found that the courts interpreted and applied the supreme courts september 2017 ruling annulling the august 2017 election odinga 2017 in an inconsistent fashion. Sep 01, 2017 kenya s supreme court has invalidated the result of last months contentious presidential election and ordered a new vote, the first time in africa that a court has nullified the re election of a. Kenyas supreme court to hear lastminute petition on. Mutunga, chief justice and president of the supreme court. In a summary of their judgment, the sixjudge bench unanimously decided that the. Nov 16, 2017 a copy of a petition challenging the result of the presidential election rerun is seen at kenya s supreme court in nairobi, kenya november 14, 2017.
Apr 03, 20 doubts abound whether given its recent ruling, which struck out a further affidavit in presidential election petition no. Kenyatta has accepted the courts decision and aides say he is confident of winning again. A copy of a petition challenging the result of the presidential election rerun is seen at kenyas supreme court in nairobi, kenya november 14, 2017. This judgment, therefore, may be viewed as a baseline for the supreme courts perception of matters political, as these interplay with the progressive terms of the new. Nov 20, 2017 kenyas supreme court has dismissed two petitions against the oct. Supreme court ruling on various applications in the. Kenyas supreme court to hear petition to postpone election. The judgement was issued today wednesday 20th september 2017. Kenya s chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc.
Kenyas supreme court judges will make a ruling on the disputed kenyas presidential election petition on friday after it concluded its hearing on tuesday. Kenya supreme court ruling 2017 kenyan presidential election petition 1. Kenya supreme court ruling 2017 kenyan presidential. The 2012 election petition hearing at the ghana supreme court today heard the final addresses of the counsels ahead the judgement. The supreme court has both original and appellate jurisdiction, as well as the jurisdiction to give advisory. Kenyan supreme court annuls uhuru kenyatta election victory this article is more than 2 years old sixjudge bench rules 42 in favour of petition filed by rival candidate raila odinga and orders. An application to strike out the notice of appeal in the intended appeal against the judgement of the court of appeal delivered on 25th march 2015, under rules 37 of the supreme court rules, 2012. Faq on election petition what is an election petition. The petition was filed at the supreme court of kenya on 16 march 20 the report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary duty on the supreme court of kenya in relation to. Nairobi, kenya in a historic ruling and a first in africa, kenya s supreme court nullified on friday the re election of a sitting president, ordering a new vote to be held within 60 days. Nairobi, kenya kenyas supreme court agreed on tuesday to hear a lastminute petition that may meaningfully delay the rerun of the countrys presidential election, already cast into.
Kenyas chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. Supreme court judgment on the presidential election petition. Dangerous political standoff, uncontested election and. The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid. Concourt should learn from kenya how to adjudicate. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017. Supreme court ready to deliver presidential petition. Supreme court postpones presidential election petition. Kenyas supreme court has delivered a landmark ruling nullifying the election of president uhuru kenyatta in july 2017. The supreme court of kenya official website on monday upheld text, pdf last months reelection of president uhuru kenyatta official profile all six judges unanimously dismissed the two petitions as lacking merit. Full 2017 kenya supreme court ruling on presidential election. In other words, it is a means under law to challenge the election of a candidate in a parliamentary, assembly or local election.
It is established under article 163 of the kenyan constitution. Supreme court judgment on the presidential election. The supreme court presidential election petition rules. The supreme court in kenya on friday nullified the election of uhuru kenyatta following a petition by the opposition alliance led by raila odinga, noting that the election was highly flawed. The national super alliance nasa official website stated facebook post in response to the ruling. Kenya supreme court nullifies presidential election, orders.
Sep 01, 2017 kenyas supreme court has declared uhuru kenyattas victory in the presidential election last month invalid and ordered a new vote to be held within 60 days. Report on legal issues from kenya 2017 presidential election. This further eats into the time within which the court has to deliver a ruling that will be agreeable to both sides. The object of these rules is to facilitate the just, expeditious and impartial determination of election petition appeals in exercise of the court s appellate jurisdiction under article 164 3 of the constitution. Republic of kenya in the supreme court of kenya at nairobi coram.
Kenya supreme court upholds reelection of president. Kenyas supreme court landmark ruling has opened the door to robust conversation around the countrys nascent democracy, paving the way for rule of law and stronger institutions. Instead, the scok acknowledged that there was no evidence of any. Supreme court begins hearing kenya presidential petition. The supreme court of kenya where the presidential election petition 2017 will be heard. The supreme court of kenya is the highest court in kenya.
Kenyas supreme court ruling and what it means for the country. The court has 21 days to deliver a detailed ruling, but it seems one of the main problems with the election was iebcs ignoring many aspects of the constitution and electoral law. Supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattaas reelection. The ruling on the presidential election petition applications filed by the national super alliance, president uhuru kenyatta and the independent electoral and boundaries commission at the supreme court has been postponed. The petition, filed by former legislator harun mwau, seeks to overturn kenyattas victory in the oct. The supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. Kenyas supreme court ruling on the presidential petition. The court ruled that the election has to be redone within 60 days. Justice isaac lenaola dismissed the petition filed by jackson ndegwa and edward kings stating that they were strangers to the issues before the court lenaola noted that while the judicial system recognises the rights to a fair hearing, access to justice and fair. In a most stunning turn of events, the full judgement issued by the scok on september 20th offered no clear justification for their ruling. Presidential election petition 1 of 2017 kenya law.
The attorney general of the republic of kenya sought to be enjoined to the proceedings as amicus curiae in the presidential election petition on the basis that he had both a constitutional and statutory obligation to assist the court in matters involving complex and legal questions and to place materials and expert research that would aid in. Delivering the ruling, chief justice david maraga cited some irregularities in the manner the elections were conducted. This petition presents a dispute arising at a stage within the critical steps of a presidential election and the resolution of the dispute has a direct bearing on the validity of the presidential election. In a ruling that shocked the world, the kenyan supreme court on friday annulled the aug. Railas petition at the supreme court will result into. Documents shall not prejudice the respondents and does not limit the courts time. Kenya court to rule on presidential election cases on monday.
Doubts abound whether given its recent ruling, which struck out a further affidavit in presidential election petition no. Petition filed at kenyas supreme court challenging. Kenyas supreme court has invalidated the result of last months contentious presidential election and ordered a new vote, the first time in africa that a court has nullified the reelection of a. We in nasa had repeatedly declared before this supreme court. Chief justice david maraga, deputy chief justice philomena mwilu and justices jackton ojwang, mohamed ibrahim, njoki ndungu, smokin wanjala and isaac lenaola. Sep 21, 2017 kenyas chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. The kenyan supreme court released the full judgment pdf following the justices unanimous dismissal of raila odingas petition challenging the election of president uhuru kenyatta. Kenya supreme court nullifies presidential election the new. Kenyan supreme court annuls uhuru kenyatta election victory. The supreme court is set to make a major ruling on friday september 1 following the hearing of a presidential petition filed by nasa principal raila odinga. Kenyan supreme court annuls uhuru kenyatta election. An application to strike out the notice of appeal in the intended appeal against the. Sep 05, 2017 in a ruling that shocked the world, the kenyan supreme court on friday annulled the aug.
Nairobi, kenya kenyas supreme court plans to hear lastminute arguments that thursdays presidential election should be postponed because a free and fair vote cannot be guaranteed. Sep 07, 2017 kenya s supreme court landmark ruling has opened the door to robust conversation around the countrys nascent democracy, paving the way for rule of law and stronger institutions. An appeal from the ruling of the court of appeal sitting at malindi. The chief justice has ordered that a new election be held within 60 days. Sep 02, 2017 kenya supreme court ruling 2017 kenyan presidential election petition 1. Kenya court to rule on presidential election cases on. Supreme court to rule on kenya presidential petition on friday. Reasons why presidential election was declared invalid, court. Supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattaas re election. Sep 02, 2017 2 the important petition, which seeks the annulment of kenyas presidential election results emanating from the general elections of 8th august, 2017, is focussed on a limited number of contentions. The kenyan supreme court released the full judgment pdf following the justices unanimous dismissal of raila odingas petition challenging the election of president uhuru kenyatta below are some sections of the ruling.
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