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CHRIS MUNGA N. BICHAGE V. RICHARD NYAGAKA TONG'I, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & ROBERT K. NGENY

(2016) JELR 104434 (SC)

Supreme Court  •  Petition 17 of 2014  •  26 Feb 2016  •  Kenya

Coram
Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Smokin C Wanjala

Judgement
<p class="ql-align-justify">A. INTRODUCTION</p><p class="ql-align-justify">[1] On 23<sup>rd </sup>January 2015, the 1<sup>st</sup> 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<sup>st</sup> 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<sup>st</sup> respondent, had contested the seat of Member of the National Assembly for Nyaribari Chache Constituency, during the General Elections held on 4<sup>th</sup> March 2013, while the 2<sup>nd</sup> respondent had the conduct of the election, which was presided over by the 3<sup>rd</sup> respondent as the Returning Officer.</p><p class="ql-align-justify">[4] On 5<sup>th </sup>March 2013, the 3<sup>rd</sup> respondent declared…</p>

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