MWAI KIBAKI V. DANIEL TOROITICH ARAP MOI CONSOLIDATED WITH MWAI KIBAKI V. S.M. KIVUITU & THE ELECTORAL COMMISSION OF KENYA

JUDGMENT OF THE COURT

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 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 hereinafter refer to these latter two as the 2nd and 3rd Respondents respectively. The 2nd Respondent is the Chairman of the 3rd Respondent. The 3rd Respondent is a body created by section 41 of the country's Constitution and by virtue of section 42 A of the Constitution , the 3rd Respondent'…