<p class="ql-align-justify">A. INTRODUCTION</p><p class="ql-align-justify">[1] On 23^rdJanuary 2015, the 1^st respondent filed written submissions on the question whether the Supreme Court of Kenya, sitting as a <em>five Judge-Bench</em>, is properly constituted to determine matters entailing constitutional issues, such as a request to the Court to depart from a Judgment that has been rendered by a <em>seven-Judge Bench.</em></p><p class="ql-align-justify">[2] In a nutshell, the 1^st respondent requests a Bench of seven Judges, to determine the question whether this Court’s holding in <em>Hassan Ali Joho and Another v. Suleiman Said Shahbal and 2 Others, </em>Sup. Ct. Petition No. 10 of 2013; [2014] eKLR should be departed from.</p><p class="ql-align-justify">B. BACKGROUND</p><p class="ql-align-justify">[3] The appellant, like the 1^st respondent, had contested the seat of Member of the National Assembly for Nyaribari Chache Constituency, during the General Elections held on 4^th March 2013, while the 2^nd respondent had the conduct of the election, which was presided over by the 3^rd respondent as the Returning Officer.</p><p class="ql-align-justify">[4] On 5^thMarch 2013, the 3^rd respondent declared…</p>