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PUBLIC SERVICE COMMISSION & 2 ORS
V.
ERIC CHERUIYOT & 20 ORS

(2022) JELR 113510 (CA)

Court of Appeal 8 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 119 & 139 OF 2017 (CONSOLIDATED)
Judges:DK Musinga, JA W Karanja, JA AK Murgor, JA
Counsel:1. Mr Charles Mutinda, Deputy Chief Litigation Counsel for the 1st, 2nd, and 3rd appellants respectively in Civil Appeal No 119 of 2017 and for the 6th, 7th, and 8th respondents in Civil Appeal No 139 of 2017 2. Mr Simiyu for the 1st respondent in the Consolidated Appeals 3. Mrs Maina, for the two appellants in Civil Appeal No 139 of 2017, the 14th and 15th respondents in Civil Appeal No 119 of 2017 4. Mr Isaac Odhiambo for the 5th respondent in Civil Appeal No 119 of 2017, the 13th respondent in Civil Appeal No 119 of 2017 5. Mr Mugumya for the 10th, 11th, 12th and 13th Respondents in Civil Appeal No 139 of 2017 and the 6th, 7th, 8th, and 9th respondents in Civil Appeal No 119 of 2017 6. Mr Mugumya h/b for Mr Samari for the 15th respondent in Civil Appeal No 139 of 2017, the 11th respondent in Civil Appeal No 119 of 2017 7. Mr Mwathe, held brief for Mr Kibe Mungai for the 2nd, 3rd, and 4th respondents in the Consolidated Appeals.
Location:Nakuru

JUDGMENT

  1. This is an appeal from the judgment of the Employment and Labour Relations Court dated March 29, 2017. In his judgment, the trial judge (Marete, J) issued orders, inter alia, that section 43(5) of the Elections Act, 2011 is unconstitutional and without any legal basis or force ab initio.

  2. The genesis of the matter culminating into this appeal is a petition, to wit, Petition No 1 of 2017 that was filed at the Employment and Labour Relations Court of Kenya at Kericho on January 16, 2017 by one Eric Cheruiyot, the 1st respondent herein. The named respondents in that petition were the Independent Electoral and Boundaries Commission (IEBC), Public Service Commission, Attorney General and the Chief of Staff and the Head of Public Service as the 1st to 4th respondents respectively.

  3. The petition by Eric Cheruiyot, who described himself as a registered voter in Kericho County, sought to, inter alia, challenge the constitutionality of section 43(5) and (6) of the Elections Act, 2011. The p…

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