Sunday, December 16, 2018

Supreme Court of Kenya – Lack of Quorum -25 October 2017 Kenya Presidential Elections

The delayed Kenya Presidential Elections will take place on 26 October 2017. A Supreme Court of Kenya case to stop the elections could not be heard due to lack to quorum. The petitioners are K Khalif, S Mohochi and G Gachuhi. The respondents are Kenya’s electoral commission – The Independent Electoral and Boundaries Commission (IEBC) and the presidential candidates.
The petitioners argued that the political environment in Kenya did not guarantee a credible poll and the Kenya Electoral Commission was divided.

Why was there a lack of quorum? The President of the Supreme Court of Kenya Justice David Maraga explained the reasons covered by the Daily Nation in Nairobi.
Justice Mwilu’s driver was shot and injured in Nairobi and unable to hear the case. Justice Ojwang and Wanjala were unable to be in court. Justice Ibrahim and Justice Njoki Ndung’u were out of the country. Justice Ndung’u was unable to get a flight back to the country and Justice Ibrahim is ill and seeking medical treatment abroad. Justice Maraga and Justice Leonola could not hear the case as per Article 163 (2) of the Constitution as there was a lack of quorum. The matter was adjourned to be heard at a later date.

Useful Links:
Daily Nation Youtube – Supreme Court Quorum Hitch Hits Repeat Election Case.

Kiplagat, S (2017) 24 October 2017 ‘David Maraga certifies as urgent case to stop Kenya Elections,’ Daily Nation 24 October 2017. http://www.nation.co.ke/news/David-Maraga-certifies-as-urgent-case-to-stop-Kenya-election/1056-4153932-h0dde8z/index.html

Constitution of Kenya Article 163 (2) http://www.klrc.go.ke/index.php/constitution-of-kenya/135-chapter-ten-judiciary/part-2-superior-courts/332-163-supreme-court

Constitution of Kenya ‘Article 162 http://www.klrc.go.ke/index.php/constitution-of-kenya/134-chapter-ten-judiciary/part-1-judicial-authority-and-legal-system/331-162-system-of-courts

Deputy CJ Philomena Mwilu’s Driver Shot http://www.nation.co.ke/news/Deputy-CJ-Mwilu-driver-shot/1056-4154198-4pkl3yz/index.html


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