Sunday, December 16, 2018

Posts Tagged ‘Justice Maraga’

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

Kenya Presidential Elections Annulled 1 September 2017

Daily Nation – Uhuru Election nullified 1 September 2017 Nation Team

The Supreme Court of Kenya has nullified the re-election of President Uhuru Kenyatta. The article reports that a six-judge bench, by majority decision on Friday indicted the Electoral and Boundaries Commission (IEBC), saying it conducted the elections contrary to the dictates to constitution and poll laws. The comments from the Supreme court were quite damning of the Electoral and Boundaries Commission (IEBC).

“A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the Constitution and the applicable law. The results are therefore invalid, null and void,” Chief justice David Maraga said.” Daily Nation 1 September 2017.

The following quote highlighted in the report may be a useful one for civic education, political science students and researchers of the electoral process.
“Elections is not an event but a process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles.” Chief of Justice of Kenya David Maraga.

Source: Daily Nation (Nation Team) 1 September 2017 – Uhuru Election nullified 1 September 2017

http://www.nation.co.ke/news/Kenya-Election-Petition-Supreme-Court-Judgment-Uhuru/1056-4079158-j52377/index.html

KenyaElections.com Study Group Notes:
This is the first time in Africa and a rare case in emerging economies that a court Has annulled a presidential election. The Supreme Court is the highest court in Kenya as was established to handle cases such as this after Kenya changed it constitution after the 2007/8 elections post-elections violence.

The Daily Nation is part of the Nation Media Group and is one of Africa’s biggest media groups. http://www.nationmedia.com/

Other useful links:
Judiciary of Kenya:
http://www.judiciary.go.ke/portal/home

Kenya Law Reports:
http://kenyalaw.org/kl/

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