Kenya s supreme court annuls the presidential election and calls for a new vote quartz africa skip to. Kenya supreme court nullifies presidential election. Documents shall not prejudice the respondents and does not limit the courts time. An application to strike out the notice of appeal in the intended appeal against the judgement of the court of appeal delivered on 25th march 2015, under rules 37 of the supreme court rules, 2012. Supreme court has done kenya proud and lived up to the principle and. Sep 02, 2017 20170902 the supreme court of kenya on friday september annulled the presidential election by a majority decision and gave an order that a fresh poll be conducted in the next 60 days. Supreme court act and the question of compliance 10 preserving kenyas. Sep 01, 2017 kenyas supreme court has declared uhuru kenyattas victory in the presidential election last month invalid and ordered a new vote to be held within 60 days. It is not clear what time the supreme court will issue its judgement.
Detailed supreme court judgement on petitions that challenged uhuru kenyattas election. In his judgment explaining the reference, lord reed. Sep 07, 2017 kenya s supreme court landmark ruling has opened the door to robust conversation around the countrys nascent democracy, paving the way for rule of law and stronger institutions. Aug 22, 2012 the supreme court of kenya is established under article 163 of the constitution of kenya. Reasons why presidential election was declared invalid, court. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. Take notice that the judgment in this petition will be delivered on wednesday the. Chief justice and president, supreme court of kenya. In a most stunning turn of events, the full judgement issued by the scok on september 20th offered no clear justification for their ruling.
The supreme court judge, isaac lenaola reads out the majority judgement duration. Constitutional lawinstitution of a constitutional petitionpartiesjoinder of partiesthe attorneygeneral as a partyeffect of failure to join the attorneygeneral as a party to a petition filed against the government the judiciary constitution of kenya 2010, article 156. The report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary duty on the supreme court of kenya in relation to any matter alleging election fraud. This judgment, therefore, may be viewed as a baseline for the supreme court s perception of matters political, as these interplay with the progressive terms. Nov 20, 2017 kenya s supreme court affirms reelection of uhuru kenyatta. That duty was enabled by the supreme courts inherent powers, as an election court, to order. The twoway a sixjudge panel unanimously dismissed a pair of petitions challenging the oct. Below you will find the latest judgments handed down by the supreme court. Kenya s supreme court has invalidated the result of last months contentious presidential election and ordered a new vote, the first time in africa that a court has nullified the reelection of a. The court ordered a fresh presidential election within 60 days. According to the learned additional solicitor general, right to receive foreign contribution is not a fundamental right guaranteed under article 19 of the constitution. The court of appeal in its judgment, had reversed the order of the high court that had declared sections 4. Pdf judgment writing in kenya and the commonlaw world.
In this article, we give you a list of 25 of the most important sc judgements. Kenya supreme court nullifies presidential election the new. Full 2017 kenya supreme court ruling on presidential. Instead, the scok acknowledged that there was no evidence of any. The supreme court judgement on transgender rights nalsa vs union of india a summary of the 15th april 2014 judgement, by danish sheikh the scope of the judgment this judgement covers persons who want to identify with the third gender as well as persons. Supporters of uhuru kenyatta celebrating in nairobi on monday after the kenyan supreme court upheld his reelection in last months presidential. Sep 20, 2017 supreme court issues full judgement on nullification of president uhuru kenyattas win by martin siele on 20 september 2017 1. Supreme court of kenya notice of delivery of judgement. Parliament passed the magistrates and judges vetting act of 2011. The petition was filed at the supreme court of kenya on 16 march 20. After the promulgation of the constitution of kenya 2010 the general public through parliament sought to reform the judiciary. In subsequent cases the high court has held that it has jurisdiction to entertain decisions of administrative bodies.
Long wait ends as supreme court delivers verdict on raila petition. The 2 n d respondent committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which were given in the detailed and reasoned judgment of the court. Kenya court upholds presidents election win the new york times. Miller and others appellants v ministry of justice. The full judgement of the kenyan supreme court, including its explanation for the decision to declare the 8 august election null and void is now in, having been announced on 19 september. Kenya supreme court nullifies presidential election, orders. By failing to provide details on what invalidated kenya s election, the countrys supreme court has created an impossible timeline for organising reelections within 60 days. Republic of kenya in the supreme court of kenya at nairobi coram.
For more details on the circumstances under which it is possible to bring an appeal to the supreme court see. Sep 02, 2017 4 a detailed judgment containing the reasons for this decision and the dissents will be issued within 21 days of this determination in conformity with rule 231 of the supreme court presidential elections rules, 2017 as it is otherwise impossible with the limited time the court has, to do so. What are the functions of the supreme court in kenya. The supreme court judgement on transgender rights nalsa. Where the court finds that the case is so clear that the defendant has no case e. May 23, 2017 state the functions of the supreme court in kenya. This act may be cited as the supreme court act, 2011. Sep 20, 2017 kenya s highest court laid out its reasons for annulling last months presidential election on wednesday, condemning the countrys voting authority. Such directions may also be given by the chief justice before the hearing of an appeal or at any time before the judgment. Kenya at malindi, being the nearest court with jurisdiction over the area in which the. Dangerous political standoff, uncontested election and assaults on institutions damage kenya s democracy. Judgment date case subject case no case title author judge download. Kenya court upholds presidents election win the new.
This judgment disposes two consolidated petitions, namely, petition number 150 of 2016. Dangerous political standoff, uncontested election and. There are 2 other situations where the court can decide a matter without a trial. The supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. The petition was filed at the supreme court of kenya on 16 march 20 the report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary duty on the supreme court of kenya in relation to. Being the highest court in the land, all other courts are bound by its decisions. Lr hon lady justice njoki ndungu, hon justice prof j. Following an appeal to the supreme court, the court decided on 12 july 2017 to refer a further question to the cjeu obrien v ministry of justice no 2 2017 uksc 46. They are not usually delivered on the same day of the hearing but some time afterwards. Therefore, the supreme court by dint of its jurisdiction was the final verifying agency, if called upon to do so, in a presidential election petition. Introduction 1 kenya is a sovereign republic and a constitutional democracy. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
Key points in supreme court judgement daily nation. The court further ordered that the file for petition no. Appeals from the subordinate courts are heard by one judge of the high court except in certain particular cases where the chief justice can direct that the appeal be heard by two or more judges. Detailed supreme court judgement on uhurus petitions. Kenyas supreme court ruling on the presidential petition. Admiralty and shipping limitation of liabilities tonnage limitations.
August, 2017, the court rendered rulings in those applications with the consequence that. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017. Kenyas supreme court ruling and what it means for the country. Cavendish square holding bv beabis appellants v talal. The supreme court judgement follows a successful petition filed by nasa leaders raila odinga and kalonzo musyoka who cited massive irregularities that compromised the results in. Although the documents were not filed in accordance of the rules, the court has, in the interest of justice, retained them the documents vide the courts inherent jurisdiction. Many questions have been asked in the upsc exam about various landmark sc judgements in the past. The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid. Supreme court judgements are very important to have a better understanding of the constitution of the country. Sep 21, 2017 the full judgement of the kenyan supreme court, including its explanation for the decision to declare the 8 august election null and void is now in, having been announced on 19 september. Supreme court judgment on the presidential election.
Full 2017 kenya supreme court ruling on presidential election. The supreme court of kenya is the highest court in kenya. The first judgement in africa that has upset a presidential election. Our journey began three years ago, with the promulgation of a new constitution, and ended eleven days ago, with a landmark supreme court decision. In this act, unless the context otherwise requires. The supreme court is established under article 163 of the constitution as the final arbiter and interpreter of the constitution. In exercise of the powers conferred by rule 51 1 of the supreme court rules, 2012 which makes provision for issuance of practice directions to ensure adherence to. Supporters of uhuru kenyatta celebrating in nairobi on monday after the kenyan supreme court. Reasons why presidential election was declared invalid. In most cases, to bring an appeal to the supreme court, you must first apply to the court which handed down the judgment to ask for permission to appeal. The kenyan supreme court released the full judgment pdf following the justices unanimous dismissal of raila odingas petition challenging the election of president uhuru kenyatta. Furthermore, the ruling in the aukot petition established that parts of the 20 judgment are obiter. Kenya s chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. Supreme court or by the house of lords for a century, namely the principles underlying the law relating to contractual penalty clauses, or, as we will call it, the penalty rule.
Nairobi kenya s supreme court said wednesday that lapses by the countrys electoral commission had compelled the justices to annul the results. To download the judgement and opinions, simply click on the file name you. Kenyan supreme court annuls uhuru kenyatta election victory. The object is to dispose of the matter in court as early as possible to save time and costs. January 2012, the file was transferred by an order of the court to the high court of. Usually the court will give judgment if there are no triable issues. In a definitive and landmark decision rendered on 01 september 2017 this honourable court nullified the presidential election and directed the 2 n d. The object of this act is to make further provision with respect.
The court comprises of the chief justice, who is the president of the court, the deputy chief justice, who is the vicepresident of the court and five other judges. It is established under article 163 of the kenyan constitution. Sep 01, 2017 kenya s supreme court has invalidated the result of last months contentious presidential election and ordered a new vote, the first time in africa that a court has nullified the reelection of a. Supreme court quashes uhuru kenyattas reelection daily nation. Key points in supreme court presidential petition judgement.
Kenyan supreme court full judgement and opinions now in. Kenya supreme court orders new presidential election youtube. Michael wainaina were enjoined as interested parties. Supreme court delivers full judgment on presidential. Sep 20, 2017 nairobi kenyas supreme court said wednesday that lapses by the countrys electoral commission had compelled the justices to annul the results of last months presidential election, in which. Nov 20, 2017 kenya court upholds presidents election win.
Answers i has appellate jurisdiction to hear and determine appeals from the court of appeal or from any other court or tribunal as prescribed by an act of parliament. The irregularities and illegalities affected and consequently impugned the integrity of the entire presidential election. Order 21 requires that judgment be pronounced in open court either at once or within 60 days from the conclusion of the trial at which failure to do which reasons therefore must be forwarded to the chief justice and a date immediately fixed. Our nation has now successfully navigated the most complex general election in our history. Kenyas supreme court affirms reelection of uhuru kenyatta. Kenya must hold a new presidential election after the supreme court cited irregularities in last months poll victory for incumbent uhuru kenyatta. Supreme court quashes uhuru kenyattas reelection daily. Supreme court means the supreme court of kenya established by article 163 of the constitution. All sovereign power in the republic is reserved to her people but delegated to. As a basic principle, it was not for the court to determine who occupied the presidential office.
Dia brings you the full text, as well as the text of the dissenting opinions. Sep 01, 2017 nairobi, kenya in a historic ruling and a first in africa, kenyas supreme court nullified on friday the reelection of a sitting president, ordering a new vote to be held within 60 days. Due of the judgement notice shall be given to the parties or their advocates. Introduction 1 kenya is a sovereign republic and a constitutional democracy founded on national values and principles of governance in article 10 of her constitution.
Sep 21, 2017 kenyas chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. Judges explain why they nullified president uhuru kenya s reelection. The supreme court wednesday read out a substantial part of its full verdict on the august 8 presidential election petition. Supreme court has done kenya proud and lived up to the principle and law regarding election, he said. Board of park commissioners huron county park district, et. Kenyas supreme court has given an impossible deadline for. Sep 01, 2017 supreme court quashes uhuru kenyattas reelection. In his opening remarks, chief justice david maraga said the five judges would only read out the main parts of their judgment to which lawyers representing all the parties in the petition agreed.
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