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NATIONAL SUPER ALLIANCE (NASA) KENYA
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 ORS

(2017) JELR 98516 (CA)

Court of Appeal 22 Sep 2017 Kenya
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Case Details

Suit Number:Civil Appeal 258 of 2017
Judges:Martha Karambu Koome, Roselyn Naliaka Nambuye, Daniel Kiio Musinga
Location:Nairobi
Other Citations:National Super Alliance (NASA) Kenya v. Independent Electoral and Boundaries Commission & 2 others [2017] eKLR

JUDGEMENT

[1] On 4th August 2017, we delivered an extempore judgment due to the urgency of the matter as it touched on an aspect of the conduct of the 8th August, 2017 general election. The issues for determination were threefold, that is whether voter identification and transmission of results of the 8th August, 2017 general election was exclusively electronic, whether, the ‘complementary mechanism’ envisaged under Section 44A of the Elections Laws (Amendment) Act of 2017, is what was enacted by the Independent Electoral and Boundaries Commission (IEBC) especially under Regulations 69, 82 and 83 contained in Legal Notice No 72 of 21st April, 2017 and lastly, whether the appeal should be struck out, the learned judges of the trial court having found the issues as pleaded or the prayers sought in the petition were not the subject of determination. The Court held as follows:-

“1. There is no basis for setting aside the High Court judgment as prayed for by the appellant, save for the praye…

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