Who guards the guard?

Nairobi Law Monthly - - Analysis -

in­ter­pre­ta­tion and ap­pli­ca­tion of cer­tain pro­vi­sions of the Con­sti­tu­tion re­gard­ing elec­tions, the Elec­tions Act, and the Elec­tion Reg­u­la­tions made there­un­der.

In the middle of its judge­ment, the ma­jor­ity of the court steered off from the is­sues in the Pe­ti­tion and re­sorted to ad­dress it­self to what it termed as “Con­tretemps af­flict­ing judg­ment-de­liv­ery: Ap­pre­hen­sions of coun­sel”. This head­ing in the judg­ment re­ferred to two let­ters writ­ten by the coun­sel for the Ap­pel­lant dated Oc­to­ber 25, 2015 and Oc­to­ber 8, 2015, and ad­dressed to the Chief Jus­tice and the Reg­is­trar of the Supreme Court re­spec­tively. In those let­ters, coun­sel had raised the is­sue of de­lay in de­liv­er­ing of judge­ment in the mat­ter. Coun­sel raised con­cerns that “since the ap­peal was heard on July 7, 2015, the same has been pend­ing judg­ment” which the court had in­di­cated was to be de­liv­ered on no­tice.

The Ad­vo­cate raised con­cerns over two is­sues: first, the pos­si­bil­ity and the ram­i­fi­ca­tion of the judge­ment be­ing de­liv­ered af­ter the lapse of 60 days as con­tained in Or­der 21 of the Civil Pro­ce­dure Rules, and

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