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Minister For Internal Security and Provincial Administration v. Centre For Rights Education & Awareness (Creaw Caucus For Women's Leadership (Caucus), Women In Law And Development In Africa (K), Development Through Media (Dtm), Development Through Media (Dtm), Young Women Leadership Institute (YWLI), International Centre For Policy & Conflict, Patrick Njuguna & Charles Omwanga

(2013) JELR 99064 (CA)

Court of Appeal  •  Civil Appeal 218 of 2012  •  14 Jun 2013  •  Kenya

Coram
Martha Karambu Koome, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. On 11th May 2012, Mwai Kibaki, the then President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, caused to be published Gazette Notice Number 6604, appointing 47 County Commissioners pursuant to the provisions of Section 17 of the 6th Schedule of the Constitution of Kenya 2010. These appointments immediately sparked and generated a great deal of public debate and commentaries in the media by a cross-section of politicians and Civil Society Organizations. This snowballed into two court cases instituted against the Attorney General and Minister for Internal Security and Provincial Administration challenging the constitutionality and legal basis of the said appointments.

2. Almost simultaneously, on 16th and 17th May, 2012, two suits were filed by Centre for Rights Education and Awareness (CREAW) alongside other six Civil Society Organizations being High Court Petition No. 208 of 2012. Two other citizens; Patrick Njuguna and Charles Omanga, …

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