5/10/2023 0 Comments Sabaki challenge 1994![]() From the material placed before us it is evident that boundary delimitation is a contentious and emotive matter yet it is an exercise that must be conducted according to the Constitution. This diversity calls upon all Kenyans to accommodate one another by living together as brothers and sisters. In exercising our mandate we recognize that Kenya is a nation of diverse identities, cultures and beliefs. As a court we are guided by the values and principles which respect the inherent dignity of the human being and commitment to social justice. Our work is an incident of the rule of law and is intended to complement the IEBC in the performance of its constitutional and statutory mandate.ħ. The task we are called upon to perform does not in any way diminish the value of its work. We acknowledge that the work of the IEBC has been difficult given that it inherited an incomplete task from the Interim Independent Boundaries Review Commission (“IIBRC”) and was required to complete the delimitation process of constituency and ward boundaries within a period of four months.The public demand and expectations on it have been enormous particularly given the legal constraints under which it was to carry out the First Review. ![]() We also thank members of the judiciary staff who worked tirelessly behind the scenes to enable us put this judgment together.Ħ. If we have not referred to all the authorities cited or mentioned the names of individual advocates it is not due to disrespect or lack of appreciation for counsel’s industry. ![]() We appreciate the extensive research and well written and eloquently presented submissions. We would not have completed this journey without the co-operation of advocates representing the various applicants, petitioners and interested parties the IEBC and the Attorney General.We acknowledge the diligence exhibited by counsel appearing in this matter. 14 of 2012 which was published in the Kenya Gazette of 6 th March 2012.Ĥ. These cases were filed in response to the decision of the Independent Electoral and Boundaries Commission (“IEBC”) referred to in this judgment as Legal Notice No. It is in reverence to the Constitution that we undertook to complete hearing of the petitions and applications filed before us within the constitutional time frame. Article 159(1) provides that judicial authority which is derived from the people is vested in and exercised by the courts.As Judicial officers we have sworn to uphold and show fidelity to the Constitution. (2)The people may exercise their sovereign power either directly or through their democratically elected representatives.ģ. The Constitution is committed to nurturing and protecting the well-being of communities and the nation of Kenya and gives recognition to the sovereignty of the people stating in very clear terms in Article 1(1) and (2) that:ġ (1)All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. This Constitution is a covenant of the people to live together in peace and unity as one indivisible sovereign nation.Ģ. The dawn of an era of accountability set in on 27 th August 2010 when His Excellency President Mwai Kibaki promulgated the much awaited Constitution whose preamble places great pride in our ethnic, cultural and religious diversity. 5 TH APPLICANTĮZRA IMBAHALE KEVERENGE …….….….… 6 TH APPLICANTġ. 2 ND APPLICANTĮDWARD ESANYIA AMBEVA ……………….…… 4 TH APPLICANTĬOUNCILLOR GLADYS MADERE ANALO. 1 ST APPLICANTĬOUNCILLOR SETH PARREN NAJOLI ….….….…. 2 ND RESPONDENTĬOUNCILLLOR ELIOT LIDUBWI KIHUSA.………. NATIONAL ASSEMBLY AND CONSTITUTENCIES AND COUNTY ASSEMBLY WARDS ORDER, 2012 (LEGAL NOTICE NO. IN THE MATTER OF ARTICLE 89 OF THE CONSTITUTIONĪND IN THE MATTER OF THE DELIMITATION OF CONSTITUENCY AND WARD BOUNDARIESĪND IN THE MATTER OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSIONS ACT, 2011 IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS
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