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Raila Amolo Odinga & Stephen Kalonzo Musyoka v. Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta

(2017) JELR 95014 (SC)

Supreme Court  •  Presidential Petition 1 of 2017  •  27 Aug 2017  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga, CJ and P, Mwilu, DCJ and V-P, Ibrahim, Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

PRESIDENTIAL PETITION NO. 1 OF 2017

BETWEEN

1. RAILA AMOLO ODINGA.........................................1ST PETITIONER

2. STEPHEN KALONZO MUSYOKA...........................2ND PETITIONER

AND

1. INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION............................1ST RESPONDENT

2. CHAIRPERSON, INDEPENDENT ELECTORAL

AND BOUNDARIES COMMISSION......................2ND RESPONDENT

3. H.E UHURU MUIGAI KENYATTA....................3RD RESPONDENT

(Being an application under Rule 17 of the Supreme Court (Presidential Election Petition) Rules, 2017 and all other enabling provisions of the law)

RULING

[1] This is an application by way of Notice of Motion dated 26th August, 2017, seeking to strike out and/or expunge from the Court record documents filed by the 1st, 2nd and 3rd respondents, which were not served upon counsel for the petitioner. The doc…

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