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David PKosing Notice of Motion
David PKosing Notice of Motion
IN THE MATTER OF ARTICLE 1, 2, 3, 10, 19, 20, 23, 258 AND 259 OF THE CONSTITUTION
OF KENYA 2010.
AND
AND
AND
BETWEEN
VS
NATIONAL SUPPER ALLIANCE 1ST RESPONDENT
ORANGE DEMOCRATIC MOVEMENT 3RD RESPONDENT
WIPER DEMOCRATIC MOVEMENT - KENYA 3RD RESPONDENT
FORD – KENYA PARTY 4TH RESPONDENT
AMANI NATIONAL CONGRESS 5TH RESPONDENT
HON. RAILA AMOLO ODINGA 6TH RESPONDENT
HON. STEPHEN KALONZO MUSYOKA 7TH RESPONDENT
HON. WYCLIFFE MUSALIA MUDAVADI 8TH RESPONDENT
HON. MOSES MASIKA WETANGULA 9TH RESPONDENT
INDEPENDENT ELECTORAL & BOUNDARIES
COMMISSION (IEBC) 10TH RESPONDENT
WAFULA CHEBUKATI 11TH RESPONDENT
REGISTRAR OF POLITICAL PARTIES 12TH RESPONDENT
THE HON. ATTORNEY GENERAL 13TH RESPONDENT
NOTICE OF MOTION
(Under Rule 23 of the Constitution of Kenya (Protection of Rights and Fundamental
Freedoms) Practice and Procedure Rules, 2013, and Articles 22, 23 and 163 of the
Constitution of Kenya, 2010)
TAKE NOTICE that on the day of 2017 at 9 O’clock in the
forenoon or so soon thereafter as they can be heard, Messrs Kinoti & Kibe Company, the
advocates for the Petitioner/Applicant, will move this Court for ORDERS:-
1. THAT this Application be certified as urgent and be heard ex parte in the first
instance.
2. THAT the Honourable Court be issued to order and give such directions as will
ensure that the Petition herein is heard within ten days hereof and determined
within 14 days hereof or at any rate by 19th October, 2017.
3. THAT the Honourable Court be pleased to issue such orders and directions to
ensure the Petition herein is heard and determined as a matter of public interest
and top most national priority.
4. THAT the costs of this Application be borne by the Respondents in any event.
d) The impugned decisions, actions and omissions of the 1st – 9th Respondents
are unlawful and contravene the due process of law upon which Kenya’s
legal order is founded.
e) This Honourable Court has a sacred duty to ensure the fresh presidential
elections are held as ordered by the Supreme Court and that any attempt or
political conspiracy to establish a government by triggering a constitutional
crisis is nipped in the bud.
f) It is in public interest that the orders sought be granted forthwith and the
hearing and determination of the Petition herein be fast tracked as a matter
of public interest and national priority.
TO BE SERVED UPON:
NATIONAL SUPPER ALLIANCE
NAIROBI
MENELIK ROAD
KILIMANI AREA
P.O. BOX 2478-00202
NAIROBI
HON. WYCLIFFE MUSALIA MUDAVADI
AMANI NATIONAL CONGRESS
LOYANGALANI,
OFF JAMES GICHURU ROAD
LAVINGTON, NAIROBI
INDEPENDENT ELECTORAL
& BOUNDARIES COMMISSION
ANNIVERSARY TOWERS, 7TH FLOOR
UNIVERSITY WAY
NAIROBI
WAFULA CHEBUKATI
C/O INDEPENDENT ELECTORAL
& BOUNDARIES COMMISSION
ANNIVERSARY TOWERS, 7TH FLOOR
UNIVERSITY WAY
NAIROBI
Note: if any party served does not appear at the time and place above-mentioned such
orders will be made and such proceedings taken as the court may deem just and
expedient.