REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 549 OF 2012 BETWEEN MICHAEL WACHIRA NDERITU……………................................................1ST PETITIONER SILVESTER KIHURIA MURIITHI……….....................................................2ND PETITIONER DANIEL WACHIENI KARINGA……..........................................................3RD PETITIONER KIAMBITI K. KIHUMBA……………...........................................................4TH PETITIONER AND MARY WAMBUI MUNENE AKA MARY WAMBUI.......................................1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS................................................2ND RESPONDENT HON. ATTORNEY GENERAL ...................................................................3RD RESPONDENT AND THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION...1ST INTERESTED PARTY THE NATIONAL ALLIANCE PARTY (TNA) ............................................2ND INTERESTED PARTY RULING 1. The application before me today is the chamber summons dated 29th November 2012 and it seeks certain conservatory orders to wit, “pending the hearing and determination of this application a conservatory order do issue restraining the interested party from nominating and for registering the 1st respondent as a candidate for the office of Member of Parliament for Othaya Constituency.” 2. I have given directions as both hearing of a preliminary objection to be lodged by the 1st respondent and the issue is whether I should issue a conservatory order. I must make it very clear that this court, the High Court, has jurisdiction under Article 23 and Article 165 to issue such an order but
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whether I should do so depends on the facts before me. 3. I am far from convinced that this is an appropriate case to issue such orders as the nomination is yet to take place and if it does and it infringes the Constitution then this court can set it aside without difficulty as the matter is really a party matter. 4. I decline and reject the prayer for conservatory orders at this stage. DATED and DELIVERED at NAIROBI this 5th day of December 2012 D.S. MAJANJA JUDGE
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