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SULEIMAN SAID SHABHAL
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 3 ORS

(2014) JELR 96298 (CA)

Court of Appeal 23 Apr 2014 Kenya
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- The appellant, Suleiman Said Shabhal, challenged the election of the Mombasa County Governor after the 2013 general elections; the High Court petition was filed pursuant to section 76(1)(a) of the Elections Act, 2011, which required filin

Case Details

Suit Number:Civil Appeal 42 of 2013
Judges:David Kenani Maraga, Agnes Kalekye Murgor, Kathurima M'inoti
Location:Malindi
Other Citations:Suleiman Said Shabhal v. Independent Electoral & Boundaries Commission & 3 others [2014] eKLR

RULING OF THE COURT

The appellant, Suleiman Said Shabhal, insists that we must hear his appeal on merit, notwithstanding the fact that the Supreme Court, on 4th February, 2014, in HASSAN ALI JOHO and ANOTHER v. SULEIMAN SAID SHAHBAL and 2 OTHERS, SC Petition No 10 of 2013, declared unconstitutional section 76(1) (a) of the Elections Act, 2011, upon which the petition giving rise to this appeal was founded. He asserts that while aware that this appeal was pending before this Court, the Supreme Court merely declared S. 76(1) (a) unconstitutional without striking out this appeal, an option that was available to the apex Court under the Supreme Court Act, 2011. To the appellant, that fact in itself is sufficient authority from the Supreme Court that his appeal must be heard and determined on merit by this Court.

The respondents argue in reply that, the effect of the Supreme Court’s judgment is to render the appellant’s appeal constitutionally and legally untenable. The legal foundation upon…

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