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COUNTY ASSEMBLIES FORUM
V.
ATTORNEY GENERAL & 3 ORS

(2022) JELR 113322 (SC)

Supreme Court 28 Oct 2022 Kenya
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Case Details

Suit Number:PETITION 22 OF 2017
Judges:MK KOOME, CJ & P PM MWILU, DCJ & VP MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ

JUDGMENT

A. Introduction

  1. Before the court is a petition of appeal dated December 22, 2017 and filed on even date by the appellant, the County Assemblies Forum. The appeal challenges the entire judgment and decree of the Court of Appeal dated November 10, 2017, made in Nairobi Civil Appeal No 147 of 2017, The Hon Attorney General and another v Andrew Kiplimo Sang Muge, The County Assembly Forum & another (Waki Nambuye & Ouko, JJA).

    B. Litigation History

    i. High Court.

  2. The appellant filed High Court Petition No 118 of 2016, which was consolidated with Nairobi High Court Petition No 576 of 2016 filed by Andrew Kiplimo Sang Muge and Homabay Petition No 148 of 2016 filed by Richard Ouma Oginda. The three were challenging the date of the second General Elections under the Constitution, 2010 which was scheduled by IEBC on August 8, 2017. It is instructive to note that the first general elections after the promulgation of Constitution was held on March 4, 2013. As such, they claimed that holding t…

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