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COUNTY ASSEMBLY OF KERICHO COUNTY & ANOR.
V.
ATTORNEY GENERAL & 4 ORS.

(2021) JELR 113684 (SC)

Supreme Court 25 Jan 2021 Kenya
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Case Details

Suit Number:REFERENCE NO. 3 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

  1. Before the court is an application dated December 8, 2020. It is premised on rules 19, 31 and 51(2) of the Supreme Court Rules, 2020 and seeks the admission of the Law Society of Kenya (LSK) as amicus curiae in the present reference.

  2. The LSK proposes to submit a brief and address the court on the following questions:

    a. How is the theory of a wholistic interpretation and Kenya’s constitutional amendment culture relevant to the Reference?'

    b. What is the link between constitutional supremacy and amendment?

    c. What is the place of public participation in constitutional amendment?

    d. What are the general principles governing a free and fair referendum?

    e. What is the meaning and purpose of the “single-subject rule” and how does it impact the scope, and content of a constitutional amendment Bill?

  3. A draft amicus brief has been attached to the affidavit of Mercy Wambua, Chief Executive Officer of the LSK and answers all the above question in detail.

    B. The Law

  4. Rule 19 o…

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