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A.G.
V.
NDII & 73 ORS.

(2021) JELR 113332 (SC)

Supreme Court 9 Nov 2021 Kenya
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Case Details

Suit Number:PETITION E016 OF 2021
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ NJOKI NDUNGI, SCJ ISAAC LENAOLA, SCJ WILLIAM OUKO, SCJ

RULING

1. Upon perusing the Notice of Motion application by the Applicants, Prof Richard Albert and Prof Yaniv Roznai, dated 1st October 2021 and lodged on 6th October 2021 brought under the provisions of rules 3, 19(1) and (2), 31 and 50 of the Supreme Court Rules, 2020 and rule 8, 31 and 38 of the Supreme Court (General) Practice Directions, 2020 and the supporting affidavit sworn by the applicants seeking to be admitted as amici curiae and they be allowed to present oral submissions beside their amici briefs and;

2. Upon considering the applicants grounds on the face of the application and their amici briefs wherein Prof Richard Albert intends to address the following questions:

i. Is the Constitution of Kenya (Amendment) Bill 2020 best understood as a constitutional amendment or a constitutional dismemberment?

ii. What follows when a court determines that a constitutional reform is a constitutional dismemberment?

iii. On what grounds may a court invalidate a constitutional reform

iv. …

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