NJONJO MUE & KHELEF KHALIFA V. CHAIRPERSON OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, UHURU MUIGAI KENYATTA & NATIONAL SUPER ALLIANCE COALITION
(2017) JELR 93684 (SC)
Supreme Court
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Presidential Election Petition 4 of 2017
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14 Nov 2017
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Kenya
Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">[1] We have considered the application for scrutiny dated, 13<sup>th</sup> October 2017, by the 1<sup>st</sup> and 2<sup>nd</sup> petitioners in Election Petition no. 4 of 2017. The application contains 20 prayers in all. We have also considered the affidavits in support of and opposition to the said application. We have paid due regard to the oral submissions of counsel for the petitioners and the respondents. In arriving at the Orders we are about to make, we have been guided by the principles laid down by this Court in <em>Peter Gatirau Munya;</em> regarding applications and Orders for scrutiny. We are further guided by our Ruling of 28<sup>th</sup> October, 2017 in <em>Raila Odinga and Kalonzo Musyoka v. IEBC and Others;</em> wherein following an application for scrutiny by the petitioners, this Court further clarified the grounds upon which an Order for scrutiny may be granted, or partially granted, or declined altogether.</p><p class="ql-align-justify">[2] Pursuant to the foregoing, by unanimous decision, we hereby make the following Orders:</p><p class="ql-align-justify"><em>(i) The 2</em><em><sup>nd</sup></em><em>…</em></p>