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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
SUPPORTING AFFIDAVIT
1. I, [Applicant or authorised deponent], make oath and state that I support the motion in Supreme Court Petition [number], filed on [date]. My personal knowledge and the public records relied on are identified separately.
2. The appellate judgment dated [date] is annexed as E1. Its relevant operative directions are [paragraphs]. I do not paraphrase the order as a universal prohibition or authority extending beyond its actual terms.
3. The vacancy notice dated [date] and the gazetted by-election timetable dated [date] are annexed as E2 and E3. They identify the constituency and scheduled election date. The corresponding public documents are the basis for the urgency stated.
4. The pending appeal concerns the winner-certification issue and the appellate remedy identified in the petition. I refer to the existing record pages [pages], without using this affidavit to introduce unproved allegations against electoral officers.
5. The practical events expected before the appeal can be heard are [verified timetable items]. The alleged risk is that a fresh election will occur before the challenged appellate determination receives effective review. Any expense figure is supported by records or omitted.
6. The security deposit covered by the existing election order is [actual amount and custody evidence]. I annex E4 if preservation of that deposit is sought. I do not assert a threatened release without a factual basis.
7. The elapsed and remaining periods from the vacancy are [calculation]. I recognise that the constitutional deadline is not extended by this application. The Applicant seeks an expedited determination and relief confined to the pending appeal.
8. The service steps actually taken are [details and evidence]. Any step proposed but not yet completed is labelled as proposed. I swear to the stated facts and records, leaving legal arguments on stay and public interest to the accompanying submissions.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
Separate public gazette evidence, matters already in the appeal record and genuinely new events. Additional evidence requires the proper admission procedure where applicable. This affidavit and its jurat are placeholders and have not been sworn.
E1 appellate decision; E2 vacancy notice; E3 gazette election notice; E4 deposit evidence if material; E5 proof of actual service.
Source facts and limits of the decision
A Mathare parliamentary election dispute produced competing winner-certification issues and an appellate order for a fresh election. A vacancy had been declared and a by-election gazetted while a Supreme Court appeal awaited determination.
The Supreme Court granted stay and conservatory relief, retained the KES 500,000 election security, and left costs in the cause. Arguability, risk of a nugatory appeal and public interest supported relief. The constitutional ninety-day vacancy deadline could not be enlarged.
Constitution Articles 101(4)(b) and 163(4)(a); Supreme Court Act; current Supreme Court Rules 2020 rules 31 and 32. This is a parliamentary appellate specimen, not a presidential election petition under separate presidential-election rules.
Read the original reported decision: Supreme Court Civil Application 6 of 2014 — 29 April 2014
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. Relevant facts, reasons and disposition checked in the official Supreme Court judgment PDF through retrieved text. The specimen is a fresh educational reconstruction; it is not a reproduction of an actual pleading.
Related law and procedural rules
Constitution of Kenya · Supreme Court Act · Supreme Court Rules 2020 — official compilation
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