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Kipkalya Kiprono Kones v. Republic & Electoral Commission of Kenya Ex-parte Kimani Wa Nyoike, Edward Kagiri, Sammy Maina, John Chebii & Kimani Wa Nyoike

(2006) JELR 99800 (CA)

Court of Appeal  •  Civil Appeal 94 of 2005  •  10 Nov 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The appellant before us is Kipkalya Kiprono Kones. He is a nominated Member of Parliament and was purportedly so nominated by a political party called FORD PEOPLE which is one of the registered political parties in Kenya and which also qualifies as a parliamentary political party due to the fact that it has elected members of Parliament. Nominated members of Parliament are provided for under the provisions of section 33 of the Kenya Constitution. That section provides:-

“33 (1) Subject to this section, there shall be twelve nominated members of the National Assembly

appointed by the President following a general election, to represent special interests.

(2) The persons to be appointed shall be persons who, if they had been nominated for a parliamentary election, would be qualified to be elected as members of the National Assembly.

(3) The persons to be appointed shall be nominated by the parliamentary parties according to the proportion of every parliamentary party …

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