are unable to make any determination on this issue for lack of material
particulars. Furthermore, the 3rd respondent submitted that the question
whether he was allegedly sponsoring the advertisement of the government’s
achievement in the print and electronic media is pending at the High Court
in the case of Apollo Mboya v. the Attorney-General and 3
Others114 and Jack Munialo & 12 Others v. the Attorney-General
& the Independent Electoral and Boundaries Commission115. The
petitioners did not contest this averment and in this regard as we have
previously held, we cannot adjudicate on an issue which is still the subject
of judicial determination at the High Court. Our advisory opinion in the
matter of In Re The Matter of the Interim Independent Electoral
Commission116, succinctly speaks to this point:
“The
two
cases
seek
the
interpretation
of
the
Constitution, with the object of determining the date
of the next elections. Those petitions raise substantive
issues that require a full hearing of the parties; and
those matters are properly lodged, and the parties
involved have filed their pleadings and made claims
to be resolved by the High Court. To allow the
application now before us, would constitute an
interference with due process, and with the rights of
parties to be heard before a Court duly vested with
jurisdiction; allowing such an application would also
Apollo Mboya v. the Attorney General and 3 Others Petition N0. 162 of 2017.
Jack Munialo & 12 Others v. the Attorney General & the Independent Electoral and Boundaries
Commission Petition No. 182 of 2017.
116 In Re The Matter of the Interim Independent Electoral Commission, Reference No. 2 of 2011; [2011]
eKLR.
114
115
Presidential
Petition
No.
1
of
2017
131
|
P a g e
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