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Paul Kibugi Muite, Regina Mung'ara & James Wakaba (suing as chairman, Secretary General & Treasurer of Safina Political Party) v. Electoral Commission of Kenya & Attorney General

(2011) JELR 94110 (CA)

Court of Appeal  •  Civil Appeal 138 of 2010  •  1 Jul 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellants herein, PAUL KIBUGI MUITE, REGINA MUNG’ARA and JAMES WAKABA (Suing as CHAIRMAN, SECRETARY GENERAL and TREASURER OF SAFINA POLITICAL PARTY) filed a Petition in the High Court being Petition No. 60 of 2008. The Petition was filed: “Under Sections 33, 70, 82 and 84 of the Constitution of Kenya, Sections 17 of the National Assembly and Presidential Elections Act, Chapter 7 of the Laws of Kenya, section 3 of the Judicature Act, Chapter 8 of the Laws of Kenya and the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court practice and Procedure Rules, 2006.)” The gist of the appellants’ complaint is contained in the following paragraphs of the Petition:- “8. Under Section 33 of the Constitution parliament is properly constituted with 12 nominated members and pursuant to sub-section (3) and (4) of the Constitution the principle of proportional representation and party strength is to b…

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