CHRIS MUNGA N. BICHAGE
V.
RICHARD NYAGAKA TONG'I & 2 OTHERS

A. INTRODUCTION

[1] On 23^rd January 2015, the 1^st respondent filed written submissions on the question whether the Supreme Court of Kenya, sitting as a five Judge-Bench, is properly constituted to determine matters entailing constitutional issues, such as a request to the Court to depart from a Judgment that has been rendered by a seven-Judge Bench.

[2] In a nutshell, the 1^st respondent requests a Bench of seven Judges, to determine the question whether this Court’s holding in Hassan Ali Joho and Another v. Suleiman Said Shahbal and 2 Others, Sup. Ct. Petition No. 10 of 2013; [2014] eKLR should be departed from.

B. BACKGROUND

[3] The appellant, like the 1^st respondent, had contested the seat of Member of the National Assembly for Nyaribari Chache Constituency, during the General Elections held on 4^th March 2013, while the 2^nd respondent had the conduct of the election, which was presided over by the 3^rd respondent as the Returning Officer.

[4] On 5^th March 2013, the 3^rd respondent declared…