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

(2017) JELR 93685 (SC)

Supreme Court 14 Nov 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 the Independent Electoral and Boundaries Commission & 3 others [2017] eKLR

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga, CJ and P; Mwilu, DCJ and V-P; Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

PRESIDENTIAL ELECTION PETITION NO. 4 OF 2017

–BETWEEN–

1. NJONJO MUE

2. KHELEF KHALIFA.......................................................PETITIONERS

AND

1. THE CHAIRPERSON OF THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION..................................RESPONDENTS

2. THE HON. THE ATTORNEY-GENERAL

3. H.E. UHURU MUIGAI KENYATTA

4. NATIONAL SUPER ALLIANCE

RULING [IN SUMMARY]

[1] An intricate network of common cause links the 4th respondent to the other parties to this petition, in a formation that is clearly detrimental to the 3rd respondent who, in view of the mode of joinder of the 4th respondent, will have no opportunity to safeguard his rightful interests in the electoral process – a subject which is, quite significantly, one of the most important public interest.

[2] In the circumstances, the 4th respondent must be struck out as a responden…

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