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OKOITI & ANOR.
V.
A.G. & ANOR.

(2021) JELR 113305 (SC)

Supreme Court 3 Dec 2021 Kenya
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Case Details

Suit Number:PETITION NO. 29 OF 2020
Judges:MARTHA KOOME, CJ PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. INTRODUCTION

[1] The matter is brought under certificate of urgency dated 26th November 2018 and lodged on 28th October 2020. The Application is supported by an affidavit and a further affidavit of Okiya Omtatah Okoiti, and is anchored on Rule 20(4), (4A) & of the Supreme Court Rules, 2012; and all other enabling provisions of the Law.

[2] The Applicants seeks that the Court certifies this matter as urgent and be heard on a priority basis; that this Court’s findings on the gender principle in Advisory Opinion No. 2 of 2012, In the Matter of the Principle of Gender Representation in the National Assembly and the Senate [2012] eKLR, be declared unconstitutional, and therefore, invalid, null and void.

[3] In opposition, 1st Respondent filed Preliminary Objection (PO) dated 14th December 2020 and lodged on 1st January 2021, premised inter-alia on the following grounds:-

(a) The Application is not based on any constitutional or statutory jurisdiction of the Court and is improperly fra…

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