Kenyas 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. Kenyan supreme court annuls uhuru kenyatta election victory. 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. Kenya at malindi, being the nearest court with jurisdiction over the area in which the. Kenya supreme court nullifies presidential election. Parliament passed the magistrates and judges vetting act of 2011. Being an appeal from the whole judgement and decree of senior principal magistrates court at mavoko delivered on 9th february 2018 by the senior resident magistrate ms. In this latest case the constitutional judges said that the ouster clause extended to magistrates as well.
Seven supreme court judges decide whether to uphold president uhuru kenyattaas reelection or order a fresh election within 60 days. 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. 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. Supreme court has done kenya proud and lived up to the principle and law regarding election, he said.
The entire court system is divided into a hierarchical system wherein the superior courts consist of supreme court, courts of appeal, high court and industrial court etc. Kenyan supreme court full judgement and opinions now in. The timing of this judgment is particularly significant. 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. This act may be cited as the supreme court act, 2011. The courts attention was also drawn to article 127, to point out, that in a situation where the available judges of the supreme court, could not satisfy the quorum of the bench, required to adjudicate upon a controversy, the chief justice of india could continue the proceedings of the case, by including therein, a judge of a high court who. The supreme court declined to issue directions on the date of the next general election and referred the matter to the high court. Nedumpara to argue in person before the court is rejected. Supreme court quashes uhuru kenyattas reelection daily. The first judgement in africa that has upset a presidential election.
Kenyas supreme court has delivered a landmark ruling nullifying the election of president uhuru kenyatta in july 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. 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. In the election of her representatives, kenya holds general elections on the second tuesday of august in every fifth year. Decided cases handed down outside of this year can be found by clicking on the following links. Pdf judgment writing in kenya and the commonlaw world. Below you will find the latest judgment s handed down by the uk supreme court. Mutunga, chief justice and president of the supreme court. The opinions delivered by the supreme court of kenya since its inception are outlined below 2011 election date decision. Tainted judicial history remembered in new kenya judgement. Superior courts in kenya supreme courts magistrate free. The supreme court has already found it valid, as a transitional arrangement sanctioned by the countrys people, to ensure their confidence in the judiciary under the new constitution.
There is no other forum for a magistrate after reading judgment to explain the judgment. Delivering the ruling, chief justice david maraga cited some irregularities in the manner the elections were conducted. Decisions of the court may be enforced by the high court. To download the judgement and opinions, simply click on the file name you. 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.
Supreme court judges bodyguard shot ahead of kenya poll. Supreme court act and the question of compliance 10 preserving kenyas. The supreme court of kenya is today delivering its highlyanticipated detailed judgement on the september 1st ruling that nullified president uhuru kenyattas reelection. In lengthy judgement it may be unnecessary to read the entire judgement and a summary of the judgement bringing out the substance thereof will suffice. In r v gikunja 1948 23 1 klr 43 the magistrate added a few notes to his signed judgment. The supreme court of kenya is the highest court in kenya. Reasons why presidential election was declared invalid, court. Supreme court delivers final judgement on accusations. The diff btw proffessors from ghana and proffessors from lalaland kenya where degrees are bought in blackmarkets. The court looks at certain conditions before granting a stay of execution.
Republic of kenya in the supreme court of kenya at nairobi coram. 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. It was established under article 163 of the constitution as the final arbiter and interpreter of the constitution. Judgments are also available in html format on the bailii website. All documents filed in the court shall comply with rule 7 of the supreme court rules, 2012. The court is the successor to the appellate division ad and was originally constituted in 1910 as the final south african court of appeal on the establishment of the union of south africa. Kenyan supreme court annuls uhuru kenyatta election.
The manner of delivery of judgement is a matter for the judge court. The following conditions must be satisfied before the court can grant a stay. The outer cover of pleadings filed in this court shall be colourcoded as follows. Supreme court means the supreme court of nigeria established under section 210 of the constitution. Just a few days ago, for example, some mps said judges should stop their constant meddling in the affairs of the. The supreme court is the highest court in kenya, and all other courts are bound by its decisions. Supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattaas reelection. Full 2017 kenya supreme court ruling on presidential election. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. Dia brings you the full text, as well as the text of the dissenting opinions. 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. Case documents the court makes available many different forms of information about cases. In a definitive and landmark decision rendered on 01 september 2017 this honourable court nullified the presidential election and directed the 2 n d.
Judiciary superior courts in kenya the judiciary under the new constitution under section. The bodyguard of a member of kenyas supreme court was shot and injured on the eve of its judgment about whether to suspend a controversial presidential election. All previous judgments handed down prior to this can be found on our decided cases section. On 25th march 20, by the directions of the supreme court, the three petitions were consolidated. Sep 01, 2017 the first judgement in africa that has upset a presidential election. Instead, the scok acknowledged that there was no evidence of any. 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. 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. 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. Supreme court of india, through secretary general and others. Reportable ministry of electronics and information. The supreme court of kenya has cleared president uhuru kenyatta of claims that he was involved in electoral malpractices ahead of the august elections as accused by opposition leader raila odinga chief justice david maraga, while delivering the full ruling on the nullification of the uhurus reelection, restated that the petitioner mr odinga accused the 3rd respondent president kenyatta. With the creation of the constitutional court and the enactment of s 166 of the constitution, 1996 the name of the court was changed to the supreme court. Decided cases will be published on this page immediately after judgments have been handed down.
January 2012, the file was transferred by an order of the court to the high court of. 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. Documents shall not prejudice the respondents and does not limit the courts time. It is made by way of notice of motion under order 41 rule 4 and section 3a of the civil procedure act. For judgments handed down before 31 july 2009 please refer to the house of lords or bailii websites. Sep 21, 2017 the supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. Hierarchy of courts in kenya judiciary structure court.
Community uplift ministries inc vs nathan chesang moson and others. In a most stunning turn of events, the full judgement issued by the scok on september 20th offered no clear justification for their ruling. It comes as tension builds between kenyas judiciary and other arms of government over judges powers to consider the meaning and application of statutes and to act when there are breaches of the constitution. Supreme court of kenya notice of delivery of judgement. Kenya supreme court nullifies presidential election, orders. It is established under article 163 of the kenyan constitution. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. Superior courts in kenya supreme courts magistrate. After the promulgation of the constitution of kenya in 2010, the general public, through parliament, sought to reform the judiciary. The kenya supreme court held that a judgement should contain all the reason which have acted on the magistrates mind before coming to his conclusion. Supreme court ruling on various applications in the. Sep 20, 2017 the supreme court of kenya is today delivering its highlyanticipated detailed judgement on the september 1st ruling that nullified president uhuru kenyattas reelection.
The supreme court building is open to the public from 9 a. The supreme court is established under article 163 of the constitution as the final arbiter and interpreter of the constitution. Kenya supreme court nullifies presidential election the. 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. Top 12 landmark judgments of 2018 delivered by supreme court. Supreme court quashes uhuru kenyattas reelection daily nation.
Constitution and inter alia the elections act, chapter 7 of the laws of kenya 2017. In this act, unless the context otherwise requires. To understand the hierarchical system of courts in kenya, you can read the following. Kenyas supreme court renders a bad ruling by george ayittey i respect kenyas supreme court justices but i beg to disagree with the justices. Being an application for stay of execution of the part of the judgment and consequential orders of the court of appeal of kenya musinga, gatembu, and murgor jj.
Kenyas supreme court ruling on the presidential petition. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017. The ruling was read by chief justice willy mutunga on behalf of the full bench. 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. 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. The supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. Full 2017 kenya supreme court ruling on presidential.
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