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NJONJO MUE & ANOTHER
V.
CHAIRPERSON OF INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 OTHERS

(2017) JELR 93548 (SC)

Supreme Court 11 Dec 2017 Kenya
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Case Details

Suit Number:Presidential Election Petition 4 of 2017
Judges:David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Njonjo Mue & another v. Chairperson of Independent Electoral and Boundaries Commission & 3 others [2017] eKLR

RULING OF THE COURT

A. INTRODUCTION

[1] This is an application by way of Notice of Motion dated 11th November, 2017 and filed on 13th November, 2017 by the 3rd Respondent seeking Orders to expunge from the petition the following documents and/or annexures:

(a) Internal Memo dated 5th September, 2017 from the 1st Respondent to the Chief Executive Officer, Ezra Chiloba marked NM-3 annexed to the Affidavit of Njonjo Mue.

(b) Internal memo dated 9th October, 2017 from the former Commissioner, Ms. Akombe to the 1st Respondent marked NM-10 annexed to the Affidavit of Njonjo Mue.

(c) Internal Memo dated 14th October, 2017 from Chief Executive Officer of the 1st Respondent addressed to the Directors, Managers, CEMS and CECs marked as NM-12 annexed to the Affidavit of Njonjo Mue.

(d) Internal Memo dated 16th October, 2017 from former Commissioner, Ms Akombe to the 1st Respondent marked as NM-13 annexed to the Affidavit of Njonjo Mue.

(e) Internal Memo dated 16th October, 2017 from former Commissioner…

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