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. 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. The ruling was read by chief justice willy mutunga on behalf of the full bench. 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. Decided cases handed down outside of this year can be found by clicking on the following links. It is important, however, to indicate in such summary that the full judgement not the summary of judgement is authoritative. 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.
Robin mazumdar, aor, who was earlier appearing for him, be shown in the cause list. 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. In this act, unless the context otherwise requires. Tainted judicial history remembered in new kenya judgement. 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. Kenyas supreme court ruling on the presidential petition. 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. The outer cover of pleadings filed in this court shall be colourcoded as follows.
Pdf judgment writing in kenya and the commonlaw world. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. 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 means the supreme court of nigeria established under section 210 of the constitution. Supreme court quashes uhuru kenyattas reelection daily. Kenyan supreme court annuls uhuru kenyatta election.
The supreme court of kenya is the highest court in kenya. Hierarchy of courts in kenya judiciary structure court. The supreme court is established under article 163 of the constitution as the final arbiter and interpreter of the constitution. 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. The supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. Supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattaas reelection. Documents shall not prejudice the respondents and does not limit the courts time. 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. There is no other forum for a magistrate after reading judgment to explain the judgment. 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. 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.
Parliament passed the magistrates and judges vetting act of 2011. It was established under article 163 of the constitution as the final arbiter and interpreter of the constitution. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017. 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. In r v gikunja 1948 23 1 klr 43 the magistrate added a few notes to his signed judgment. 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. Kenyas supreme court renders a bad ruling by george ayittey i respect kenyas supreme court justices but i beg to disagree with the justices. Reportable ministry of electronics and information. Case documents the court makes available many different forms of information about cases. The diff btw proffessors from ghana and proffessors from lalaland kenya where degrees are bought in blackmarkets. Kenyan supreme court full judgement and opinions now in. Mutunga, chief justice and president of the supreme court. 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.
It is established under article 163 of the kenyan constitution. After the promulgation of the constitution of kenya in 2010, the general public, through parliament, sought to reform the judiciary. To understand the hierarchical system of courts in kenya, you can read the following. Dia brings you the full text, as well as the text of the dissenting opinions. Supreme court quashes uhuru kenyattas reelection daily nation. Below you will find the latest judgment s handed down by the uk supreme court. Decided cases will be published on this page immediately after judgments have been handed down. Supreme court ruling on various applications in the.
Kenya supreme court nullifies presidential election the new. The court of appeal in its judgment, had reversed the order of the high court that had declared sections 4. The ruling was read by chief justice willy mutunga on behalf of the full bench consisting of. Superior courts in kenya supreme courts magistrate. 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.
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. 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. The court further ordered that the file for petition no. Kenya at malindi, being the nearest court with jurisdiction over the area in which the. The opinions delivered by the supreme court of kenya since its inception are outlined below 2011 election date decision. Constitution and inter alia the elections act, chapter 7 of the laws of kenya 2017. 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. 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. Supreme court judges bodyguard shot ahead of kenya poll. Full 2017 kenya supreme court ruling on presidential. 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 this latest case the constitutional judges said that the ouster clause extended to magistrates as well. Supreme court of india, through secretary general and others.
The supreme court is the highest court in kenya, and all other courts are bound by its decisions. 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. The manner of delivery of judgement is a matter for the judgecourt. Supreme court has done kenya proud and lived up to the principle and law regarding election, he said. The timing of this judgment is particularly significant.
Reasons why presidential election was declared invalid, court. Supreme court of kenya notice of delivery of judgement. Kenya supreme court nullifies presidential election the. The supreme court building is open to the public from 9 a. 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. The supreme court declined to issue directions on the date of the next general election and referred the matter to the high court. 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.
Kenya supreme court nullifies presidential election. Sep 01, 2017 the first judgement in africa that has upset a presidential election. Nairobi kenyas supreme court said wednesday that lapses by the countrys electoral commission had compelled the justices to annul the results. Community uplift ministries inc vs nathan chesang moson and others.
Instead, the scok acknowledged that there was no evidence of any. It is made by way of notice of motion under order 41 rule 4 and section 3a of the civil procedure act. The following conditions must be satisfied before the court can grant a stay. The first judgement in africa that has upset a presidential election. Just a few days ago, for example, some mps said judges should stop their constant meddling in the affairs of the. 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. 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.
For judgments handed down before 31 july 2009 please refer to the house of lords or bailii websites. To download the judgement and opinions, simply click on the file name you. Judiciary superior courts in kenya the judiciary under the new constitution under section. Seven supreme court judges decide whether to uphold president uhuru kenyattaas reelection or order a fresh election within 60 days. Kenyas supreme court has delivered a landmark ruling nullifying the election of president uhuru kenyatta in july 2017. 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. Kenyan supreme court annuls uhuru kenyatta election victory. 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. Republic of kenya in the supreme court of kenya at nairobi coram. All documents filed in the court shall comply with rule 7 of the supreme court rules, 2012. Kenya supreme court nullifies presidential election, orders.
Superior courts in kenya supreme courts magistrate free. In the election of her representatives, kenya holds general elections on the second tuesday of august in every fifth year. Supreme court delivers final judgement on accusations. 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. All previous judgments handed down prior to this can be found on our decided cases section. Judgments are also available in html format on the bailii website. 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. On 25th march 20, by the directions of the supreme court, the three petitions were consolidated. The manner of delivery of judgement is a matter for the judge court. Sep 21, 2017 the supreme court of kenya scok shocked the world when it annulled the kenyan presidential election on sept 1st 2017. 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 judiciary of kenya is the system of courts that interprets and applies the law in kenya. Nedumpara to argue in person before the court is rejected.
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. The court looks at certain conditions before granting a stay of execution. January 2012, the file was transferred by an order of the court to the high court of. In a definitive and landmark decision rendered on 01 september 2017 this honourable court nullified the presidential election and directed the 2 n d. Top 12 landmark judgments of 2018 delivered by supreme court.
The supreme court of kenya is today delivering its highlyanticipated detailed judgement on the september 1st ruling that nullified president uhuru kenyattas reelection. This act may be cited as the supreme court act, 2011. Full 2017 kenya supreme court ruling on presidential election. Supreme court act and the question of compliance 10 preserving kenyas. 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.
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