As we indicated yesterday at the conclusion of hearing submissions made by
learned Counsel on both sides, it was not possible for us to write and come up with a full
and carefully reasoned judgment overnight. We said that we would today simply give a
brief outline of the judgment. We took the view that this approach was in the interests of
the parties and may be several other concerned persons as well that must be anxiously
awaiting the outcome in this case. We will therefore write our formal judgment later.
 The material facts of the case are as follows. By an expedited Originating Summons
returnable on 12th May 2004, the Respondent, namely, the Republican Party, a political
party representing its members and all members of what is known as the Mgwirizano
Coalition Grouping, sought the determination of the Court below on divers questions
pertaining to the forthcoming General Elections, namely:
“1) Whether the 1st Defendant was correct in referring the issue of deployment by
UDF of Government resources to the Office of the President, instead of the 1st Defendant
taking steps to stop such deployment of public resources for campaigning purposes.