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Kenya Human Rights Commission & Kenya Chapter of the International Commission of Jurists v. Attorney General, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta, William Samoei Ruto, James Ondicho Gesami, International Centre for Policy & Conflict & Henry Nyakundi Nyang'aya

(2019) JELR 100042 (CA)

Court of Appeal  •  Civil Appeal 147 of 2015  •  8 Nov 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

In this appeal the appellants, the Kenya Human Rights Commission and the Kenya Chapter of the International Commission of Jurists, are dissatisfied with the decision of the High Court (Msagha Mbogholi, Kimaru, Omondi, Nyamweya and Kimondo, JJ. ) which condemned them to pay the costs of a petition they instituted seeking various declarations pertaining, inter alia, to violations of the Constitution on account of the nomination of the 3rd and 4th respondents to contest the offices of President and Deputy President of the Republic of Kenya whilst they faced charges pertaining to their alleged conduct following the 2007 General Election, at the International Criminal Court (ICC) at the Hague.

A brief background to the appeal is of necessity. Following the 2007 General Election, widespread violence broke out across Kenya. The violence, which then came to be referred to as the Post-Election Violence (PEV), and attributed to contested election results, was to become the s…

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