JOHN HARUN MWAU V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1. John Harun Mwau (appellant), filed suit by way of a Constitutional petition before the High court seeking a total of 37 declaratory orders or determinations of a range of issues from Constitutional interpretation of several Articles, various provisions of the Elections Act, Political Parties Act and some Regulations that he faulted for being unconstitutional. At the time the appellant filed the suit which was in January 2013, he was the Member of Parliament for Kilome Constituency and an aspiring candidate for the Makueni senatorial seat. He therefore sued the Independent Elections and Boundaries Commission (IEBC - 1^st respondent) and the Attorney General (AG - 2^nd respondent) whom he faulted for failing to uphold the letter and spirit of the Constitution in the enactment of the impugned statutes as well as the Regulations.

2. The petition was opposed by both respondents and upon hearing the parties the learned Judge, Lenaola J., (as he then was) was not persuad…