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Kibaki v. Moi

(1999) JELR 99854 (CA)

Court of Appeal  •  Civil Appeal 172 & 173 of 1999  •  10 Dec 1999  •  Kenya

Chunga, Omolo, Shah, Lakha & Owour


Kibaki v. Moi

(Appeal from an Order of the High Court of Kenya at Nairobi (O\\\\\\\'Kubasu, Mbogholi-Msagha and Ole Keiwua JJ) dated 22nd July, 1999 in Election Petition No 1 of 1998)

December 10, 1999

Chunga CJ, Omolo, Shah, Lakha and Owuor JJ A

December 10, 1999, the following Judgment of the Court was delivered.

These two appeals, apart from the undeniable fact that they involve persons of no mean status in our country, raise issues very crucial to the jurisprudence of our legal system as we have hither-to understood it to be. The appellant in both appeals is the Hon. Mwai Kibaki who is the leader of the official opposition in Parliament. The respondent in Civil Appeal No. 172 of 1999 is the Hon. Daniel Toroitich Arap Moi, the 15 President and Commander-in-Chief of the armed forces of the Republic. We shall hereinafter refer to him as the 1st respondent. There are two other respondents in Civil Appeal No. 173 of 1999. They are S.M. Kivuitu and the Electoral Commission of Kenya; we shall…

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