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JOHN HARUN MWAU
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & ATTORNEY GENERAL

(2019) JELR 100930 (CA)

Court of Appeal 22 Nov 2019 Kenya
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- The appellant, a sitting MP and senatorial aspirant, filed a constitutional petition challenging sections of the Elections Act, Political Parties Act, and related regulations as unconstitutional, seeking 37 declaratory orders. - The High

Case Details

Suit Number:Civil Appeal 112 of 2014
Judges:Martha Karambu Koome, Hannah Magondi Okwengu, Sankale ole Kantai
Location:Nairobi
Other Citations:John Harun Mwau v. Independent Electoral & Boundaries Commission & Attorney General [2019] eKLR

JUDGMENT OF THE COURT

1. John Harun Mwau (appellant), filed suit by way of a Constitutional petition before the High court seeking a total of 37 declaratory orders or determinations of a range of issues from Constitutional interpretation of several Articles, various provisions of the Elections Act, Political Parties Act and some Regulations that he faulted for being unconstitutional. At the time the appellant filed the suit which was in January 2013, he was the Member of Parliament for Kilome Constituency and an aspiring candidate for the Makueni senatorial seat. He therefore sued the Independent Elections and Boundaries Commission (IEBC - 1st respondent) and the Attorney General (AG - 2nd respondent) whom he faulted for failing to uphold the letter and spirit of the Constitution in the enactment of the impugned statutes as well as the Regulations.

2. The petition was opposed by both respondents and upon hearing the parties the learned Judge, Lenaola J., (as he then was) was not persuad…

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