11.
iii.
contrary to the court's findings, it did have jurisdiction to grant his
leave to review Parliament's conduct and that if the court did not
have the jurisdiction, it should not have proceeded to decide the
issues on the merits, as alleged.
Nairobi HIGH Court Miscellaneous Civil Application No.22 of 2004The Complainant alleges that his rights under Articles 3, 5 and 7 were
violated by the Chief Justice not appointing a judge to hear his urgent
application to challenge the election of Mr. Francis Kaparo as the
Speaker until 6 months prior to the next election, rendering his
matter academic and overtaken by events. He further alleges that
these same rights were violated when the court allowed Mr. George
Oraro to represent the National Assembly and present preliminary
objectives despite not being named in the suit.
Nairobi Court of Appeal Civil Appeal-No.266 of 2008, Nairobi Court
of Appeal Civil Application No. NAT 261 of 2007 [lJR 161 of 2007]
and Nairobi Court of Appeal Civil Application No. NAI 320 of 2007
[UR220 of 2007]-The Complainant alleges that the Registrar of the
High Court intentionally delay.e d supplying him with a record for
HC Application No.22or 2004 for a year in order to delay his appeal
in violation of his rights under Article 3 and 5 of the Charter. He
further alleges violatiorv
Articles 3 and 5 in the delay in the
appointment of a bench to hear his appeal by the Chief Justice and
the subsequent de-rolling of the app~al after the judges disqualified
themselves from hearie,g it. The Complainant contends that
Applications 261 Of 2007 and 320 of 2007 were both dismissed
without merit.
Nairobi Court of Appeal Civil Application No. NAI 260 of 2007
[UR160 of 2007]- The Complainant alleges a violation of his rights
under ,Article 31 5, and 7 in that the court did not hear this case for
over four years, refused to certify it as urgent and ultimately,
erroneously as he alleges ruled on the merits instead of only on his
application for leave. He further alleges that Judge Bosire who was
part of the bench that disqualified themselves from hearing Appeal
266 of 2008 was also on the bench for this case, which he alleges to be
contrary to the rules of natural justice.
Supreme Court Petition of Appeal No.2 of 2012- The Complainant
alleges that his rights under Article 3, 5 and 7 of the Charter were
violated when the Supreme Court held in this case that they did not
possess the jurisdiction to hear his appeal. He further contends that
of
1v.
v.
~~EiRET 4
it _wa_s contrary to ~he rules o~ nat~r~l justice to have
NJok1 Ndungu preside over this petition when she wast e
0
MPs nominated by the President in the disputed 9th p Jia
F?,
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4
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