Electral & Elections Petitions

Our firm has been privileged to have represented the Independent Electoral and Boundaries Commission (I.E.B.C) from the year 2013 to date. This has given us vast experience in electoral law, including handling of election petitions. 

Some of the matters that we have successfully handled on behalf of the I.E.B.C include: 

a) Supreme Court Reference No. 1 Of 2017. (Nairobi). 
Kenya National Commission on Human Rights (KNCHR) Versus Attorney General & Others. 

This is a reference filed by the Kenya National Commission on Human Rights which invites the Supreme Court to provide an advisory opinion on the proper application of Chapter Six of the Constitution of Kenya, 2010 as read with other relevant statutes including the Leadership and Integrity Act, 2012. 

The applicant seeks the court’s opinion on inter alia whether Chapter Six of the Constitution applies to both elective and appointive offices. This is in view of numerous conflicting decisions by different courts in interpreting the provisions of Chapter six of the Constitution. 

The firm has been instructed to appear for the Independent Electoral and Boundaries Commission (IEBC) in the matter. 

b) Supreme Court Petition No. 22 Of 2017. (Nairobi). County Assemblies Forum - Vs- The Independent Electoral And Boundaries Commission And & 3 Others. 

The Petition of Appeal seeks an interpretation of the provisions of Article 177 (1)(a) of the Constitution of Kenya,2010 as read with Article 177(4) thereof. 

The Members of the County Assemblies (MCAs) seek inter alia a declaration that the term of office of the existing Members of the County Assemblies in the Republic of Kenya ends on the 5th day of March 2018 being 5 years from the date of the general elections held on the 4th day of March 2013 as envisaged by the provisions of Article 177(4) of the Constitution and further that the holding of elections for the position and office of the Members of the County Assemblies in the Republic of Kenya on the 8th day of August 2017 would be unconstitutional. In the alternative the MCAs seek to be compensated for their “unexpired term” of eight months in view of the fact that their elections were held before the expiry of their term. 

The IEBC maintains that the provisions of Article 136(1)(2) ,177(1)(a) ,180 (1) require it to hold a general election of all elective seats on the same day. The IEBC further argues that the Constitution must be interpreted in a harmonious manner with each provision supporting the other and in accordance with the provisions of Article 259 of the Constitution. 

The petition is pending the hearing of an application by the Parliamentary Service Commission (P.S.C) to be enjoined in the matter. 

c) Supreme Court Of Kenya Petition 6 Of 2014 (Nairobi). 
Fredrick Outa Vs Jared Odoyo Okello And 3 Others 

The firm successfully defended the Independent Electoral and Boundaries Commission in an application that sought to invite the Supreme Court to review and/or vary its judgment on an appeal in respect of an election petition. This was the first time that the apex court in Kenya was being asked to handle an application of this nature in the context of an electoral dispute. 

The court pronounced itself as follows: 

i. As a general rule the court lacks the jurisdiction to seat on appeal over its own decisions, or review the same other than in the manner contemplated by Section 21(4) of the Supreme Court Act. 

ii. However, in exercise of its inherent powers, this court may, upon application by a party, or on its own motion, review any of its own judgements, rulings orders in exceptional circumstances so as to meet the ends of justice. The court proceeded to outline such exceptional circumstances. 

After rigorous submissions by parties the Judges was persuaded that the application lacked merit and dismissed the same with costs

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