2012 wrote:What time are the supreme court hearings starting? I need to know when to tune on.
And if there's a constitutional lawyer in the house could you tell us if it's true that the IEBC is on the same level as the supreme court meaning that the supreme court has no authority over IEBC.
My next question is, since the PM was part of rubberstamping the IEBC and his office procured and shipped the faulty BVR kits, shouldn't he/his office be a respondent as well?
Let me try to be simple in my answer. In Kenya we have what we call an adversarial system. That means you have a Plaintiff or a Defendant, a Claimant or a Respondent. Simply put as there is not a possibility of a counterclaim in a Presidential Petition then you can only have a Petitioner AND a respondent. Having moved to court as a Petitioner in terms of article 140 (1), then RAO cannot again be a Respondent. In respect of your other question that doesnt hold water. In as much as the IEBC is an independent body established under its own Act and under Article 88 it becomes surbordinate to the provisions of Article 140 which provide the mechanism for deciding a petition
possunt quia posse videntur