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AYIECHO OLWENY
V.
JAMES ONYANGO K'OYOO & 2 OTHERS

(2018) JELR 105552 (SC)

Supreme Court 5 Oct 2018 Kenya
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Case Details

Suit Number:Petition 12 & 13 of 2017(Consolidated)
Judges:David Kenani Maraga SCJ Jackton Boma Ojwang SCJ Philomena Mbete Mwilu SCJ Smokin C Wanjala SCJ Susanna Njoki Ndungu SCJ
Other Citations:Ayiecho Olweny v. James Onyango K'oyoo & 2 others [2018] eKLR

RULING

A. INTRODUCTION

[1] The petitioner filed two appeals before this Court. Petition No. 12 of 2017 and Petition No. 13 of 2017. Both petitions are dated 20th July, 2017 and filed pursuant to Articles 50 (4), 159(2)(a) (d) and (e ), 163 (4) (a) and (b) of the Constitution of Kenya 2010, and Sections 3, 19(a) and 21 of the Supreme Court Act 2011; Section 41(2) of the Political Parties Act and Rules 9, 26 and 33 of the Supreme Court Rules, 2012.

[2] Petition No. 12 of 2017 is an appeal from the Judgment and Orders of the Court of Appeal at Nairobi, (Githinji E.M, Ouko W, and Mohammed J. JJA) delivered on 10th July, 2017 in Civil Appeal No. 180 of 2017.

[3] Petition No. 13 of 2017 seeks to set aside the Court of Appeal Judgment (Githinji E.M, Ouko W, and Mohammed J., JJA) delivered on 10th July, 2017 in Civil Appeal Nos. 181 and 182 of 2017 (as Consolidated) ( an appeal challenging the findings of the application for contempt of court).

B. PRELIMINARY ISSUES

[4] By consent of the parties, …

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