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History of this document
24 August 2015 this version
Commenced
19 August 2015
Assented to
Cited documents 0
Documents citing this one 2
Judgment
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Parliament’s retroactive extension of its and local councils’ terms violated people’s sovereignty; key amendment provisions struck down.
Constitutional law – amendment of the Constitution – basic‑structure doctrine – limits on Parliament’s amending power; public participation – requirement and scope in constitutional amendments; procedural compliance – Speaker’s certificate, 14‑day separation and referendum under Chapter 18; retrospective/retroactive laws; security forces in Parliament – limits and accountability; severance of constitutional provisions.
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Court upheld NCHE’s equivalence certificate, finding no proven fraud or illegitimacy in the qualifications; application dismissed.
Parliamentary Elections Act s.4(11) — locus to appeal; NCHE equivalence — court may inquire into legitimacy/authenticity of underlying qualifications but not usurp equating mandate; statutory instruments — applicability and retrospective operation of Legal Notice No.12 of 2015; evidentiary limits — speculative allegations require expert proof; procedural permissibility of notice of motion where statutory rules absent.
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