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Commissioner for the Implementation of the Constitution v. Attorney General, Independent Electoral and Boundaries Commission & Kenya Paraplegic Organisation

(2013) JELR 97249 (CA)

Court of Appeal  •  Civil Appeal 351 of 2012  •  14 Jun 2013  •  Kenya

Coram
Festus Azangalala, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appeal before us was provoked by a judgment of the High Court (Majanja, J.) delivered on 15th November, 2012 by which the learned judge dismissed Petition No. 389 of 2012 filed by the Commission for the Implementation of the Constitution (CIC), the appellant herein, against the Attorney General and the Independent Electoral and Boundaries Commission, the 1st and 2nd respondents, respectively. Also enjoined in that suit was the Kenya Paraplegic Organization which was, there as here, an Interested Party.

Dismissed alongside the appellant’s suit was Petition No. 268 of 2012, which had been filed by MICAH KIGEN, HASSAN OMAR HASSAN and ELIUD OWALO who sued in their respective capacities as Chairman, Deputy chairman and Secretary - General of a lobby group styled the Friends of Raila (FORA) 2012. This latter suit was against the two respondents in the former, as well as the appellant herein which was sued as the 3rd respondent. The suit had two Interested Parties nam…

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