IN THE MATTER OF INTERIM INDEPENDENT ELECTORAL COMMISSION

ORDERS

The implementation process of the Constitution of Kenya, 2010 has given rise to several motions in Court, beginning with a Petition in the High Court, of 19^th April, 2011, by which the petitioners sought a declaration that the next general election for President, National Assembly, Senate, County Assemblies and County Governors “shall be held at the same time, on the second Tuesday of August, 2012” [Constitutional Petition No. 65 of 2011]; followed by an application, the Notice of Motion of 28^th April, 2011 in the Supreme Court [Constitutional Application No. 2 of 2011] seeking the Supreme Court’s Advisory Opinion interpreting Articles 101(1), 136(2)(a), 177(1)(a) and 180(1) of the Constitution, and Clause 9(1) of the Sixth Schedule to the Constitution, and further seeking a determination of the election date.

What has come up for consideration today is a Preliminary Objection to the application. We have no doubt that the subject-matter of the application is an important and urge…