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PETER ODOYO OGADA & 9 OTHERS V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION OF KENYA & 14 OTHERS

(2013) JELR 95618 (CA)

Court of Appeal  •  Civil Appeal 307 of 2012  •  19 Apr 2013  •  Kenya

Coram
Martha Karambu Koome John Wycliffe Mwera Daniel Kiio Musinga William Ouko Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The appeal arises from the decision of five judges of the High Court (Warsame, Sitati, Omondi, Nyamweya and Majanja, JJ) after hearing Kisii HCC Suit No. 13/12 (JR), which was delivered on 9th July, 2012 at Nairobi in Nairobi JR No. 94 of 2012. The decision encompassed several other judicial review applications which parties filed from all over the country, seeking various orders regarding the decisions of the Independent Electoral and Boundaries Commission (IEBC) contained in Legal Notice No. 14 of 2012, dated 6th March, 2012 on the electoral boundaries regarding, inter alia names of constituencies and wards. The complaints were raised against IEBC, sued as the 1st respondent, together with various other bodies and parties. The High Court, as borne out by the record, entertained over one hundred applications, and therefore had to consolidate those with more or less similar characteristics, and determine them together. It is also worth noting that it was not only …

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