Supreme CourtMost citedAdvisory opinion

In the Matter of the Independent Electoral and Boundaries Commission

The single most cited authority in the corpus. Cited for the reach of the Court's advisory jurisdiction and for the constitutional timetable that governs a general election.

Advisory Opinion Reference No. 2 of 2011·[2011] KESC 1 (KLR)·Supreme Court of Kenya·2011
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Citators Year

1,204 citing judgments · 412 briefs · 96 recorded as distinguished

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1,204
Times cited
412
Judgments that rely on it
344
Citations in the Supreme Court
96
Times distinguished
Propositions

What this authority establishes

Four propositions are drawn from this authority in the corpus. Each one is pinned to the paragraph it comes from, so you can read the Court's own words before you use it.

Quoted

In the Court's own words

The passage below is the one most often quoted from this authority, and the one to check first when it is cited against you.

“The jurisdiction conferred upon this Court by Article 163(6) is advisory in nature and its exercise is a matter of judicial discretion. It is not a jurisdiction to be invoked by a party to obtain a forensic advantage in a dispute that is already before another court.”In the Matter of the Independent Electoral and Boundaries Commission, ¶8 — raw paragraph 8
Before the 2010 Constitution

The corpus records 62 citations of this authority in pre-2010 judgments, all of them on the old advisory procedure under the Constitution of 1963.

Still moving

300 citations have been recorded since 2024, the highest of any authority in the corpus. The trend is upward, not settled.

Citators

Cases that rely on this authority

Listed newest first, with the treatment each court gave it. Open any row to read the brief and jump to the paragraph where the authority is used.

Akinyi v Ogwari & anotherFollowed
Supreme Court·[2026] KESC 9 (KLR)·23 Jan 2026·¶10

Cited for the proposition that the Court addresses the question of jurisdiction first, because without it everything done afterwards is in vain.

jurisdictionappellate practice
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Kimweli & 46 others v National Social Security FundFollowed
Supreme Court·Application E025 of 2025·[2026] KESC 6 (KLR)·23 Jan 2026

Adopted the authority's reasoning on the Court's discretion over its own process when it declined to extend time.

extension of timecivil procedure
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Odinga & another v Independent Electoral and Boundaries Commission & 3 othersFollowed
Supreme Court·[2017] eKLR·20 Sep 2017

Relied on for the constitutional timeline for a general election and for the Court's reading of the Sixth Schedule.

election lawconstitutional interpretation
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Communications Commission of Kenya & 5 others v Royal Media Services & 5 othersDistinguished
Supreme Court·Petition 14 of 2014·[2014] eKLR·29 Sep 2014

Accepted the authority on advisory jurisdiction but distinguished it on the facts, the dispute before the Court being a live controversy between identified parties.

advisory jurisdictionmedia law
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Mumo Matemu v Trusted Society of Human Rights Alliance & 5 othersApplied
Court of Appeal·Civil Appeal 290 of 2012·[2013] eKLR

Applied the authority's standard of review to the process by which a constitutional commission made an appointment.

judicial reviewappointments
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Katiba Institute & another v Attorney-GeneralConsidered
High Court·Petition 206 of 2020·[2021] KEHC 44 (KLR)·¶34

Considered but not applied: the court read the authority as confined to the Court's jurisdiction to give advisory opinions, and not as a general test for standing.

standingpublic interest litigation
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Reception

Citing courts over time

How the authority was received, court by court, since it was delivered.

Court2011 to 20142015 to 20192020 to 20232024 to 2026Total
Supreme Court429611888344
Court of Appeal118204186142650
High Court24584662190
Employment and Labour Relations Court046818
Environment and Land Court02002
All courts1843643563001,204

The Court of Appeal accounts for more than half of all citations, largely because it applies the authority when it reviews the exercise of discretion by courts below.

Cite it properly

Citing this authority

In the Kenya Law format the citation is In the Matter of the Independent Electoral and Boundaries Commission (Advisory Opinion Reference No. 2 of 2011) [2011] KESC 1 (KLR) (2011) (Advisory Opinion). Pinpoint to the paragraph you rely on — most of the citations in the corpus turn on ¶8 or ¶34.

In the Matter of the Independent Electoral and Boundaries Commission (Advisory Opinion Reference No. 2 of 2011) [2011] KESC 1 (KLR) (2011) (Advisory Opinion)

Compare with three other briefs

Judgments are cited as published by Kenya Law. Check the citation against the original before filing.