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UKWELI PARTY
V.
KENYA NATIONAL COMMISSION ON HUMAN RIGHTS & 17 ORS.

(2018) JELR 93552 (SC)

Supreme Court 13 Jul 2018 Kenya
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Case Details

Suit Number:Application Within Advisory Opinion Reference 1 of 2017
Judges:Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Susanna Njoki Ndungu
Location:Nairobi
Other Citations:Ukweli Party v. Kenya National Commission on Human Rights & 17 others [2018] eKLR

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application dated 30th October, 2017 and lodged on 7th November, 2017 by Ukweli Party, pursuant to the provisions of Section 25 of the Supreme Court Rules, 2012 seeking to be enjoined in the Reference as an Interested Party; and

[2] UPON perusing the grounds adduced in support of the Application that the Applicant, a political party registered under the Political Parties Act, seeks to participate in the Reference and submit to the Court on; (i) the jurisdiction of the Court to give an advisory opinion; (ii) whether Chapter 6 of the Constitution sets up a fit and proper test for leadership including elective and appointive offices; (iii) whether the fit and proper test for leadership required under Chapter 6 is an objective test and not a subjective test in the mind of the vetting and/or appointing bodies for elective and appointive offices; (iv) whether the fit and proper test for leadership is wider than the criminal test of co…

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