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WAIGURU & ANOR.
V.
KARUA & 2 ORS.

(2021) JELR 113569 (SC)

Supreme Court 16 Jul 2021 Kenya
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Case Details

Suit Number:PETITION NO. 5 OF 2018
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ ISAAC LENAOLA, SCJ NJOKI NDUNGU, SCJ
Counsel:Mr. Nyamodi & Mr. Baraza for the applicants; Ms. Martha Karua h/b for Mr. Imanyara for the 1st respondent; Ms. Njeri Machage h/b for Mr. Kathungu for the 2nd respondent.

RULING

A. Introduction

1.The notice of motion before the court is dated December 4, 2020 and filed on December 14, 2020 under section 24 of the Supreme Court Act and rule 23 of the Supreme Court Rules, 2012 (now repealed). It seeks the following substantive orders:

i. A declaration that the issues raised in Petition No 5 of 2018: Hon Anne Mumbi Waiguru & another v Hon Martha Wangari Karua & 2 others were fully determined by this honourable court in its judgment delivered on August 6, 2019 in Petition No. 3 of 2019: Hon Martha Wangari Karua v Independent Electoral and Boundaries Commission & 3 others.

ii. That parties be directed to bear their own costs in this matter and the proceedings at the Court of Appeal.

2.The application is supported by an affidavit sworn on December 4, 2020 by Paul Nyamodi, advocate for the applicants. Opposing the application, the 1st respondent filed a replying affidavit sworn by Martha Wangari Karua on December 18, 2020 as well as grounds of opposition dated Dec…

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