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    Kenya Supreme Court Elections Ruling 2017

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    The Independent Magazine
    The Supreme Court of Kenya ruled that the 2017 presidential election results were invalid. In a majority decision, the court found that the election commission failed to conduct the election in accordance with the constitution and electoral laws, and that irregularities in the vote transmission affected the election's integrity. The court declared the results null and void, and ordered the election commission to hold a fresh presidential election within 60 days.

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    Kenya Supreme Court Elections Ruling 2017

    Uploaded by

    The Independent Magazine
    926 views4 pages
    The Supreme Court of Kenya ruled that the 2017 presidential election results were invalid. In a majority decision, the court found that the election commission failed to conduct the election in accordance with the constitution and electoral laws, and that irregularities in the vote transmission affected the election's integrity. The court declared the results null and void, and ordered the election commission to hold a fresh presidential election within 60 days.

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    Kenya Supreme Court Elections Ruling 2017

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    The Supreme Court of Kenya ruled that the 2017 presidential election results were invalid. In a majority decision, the court found that the election commission failed to conduct the election in accordance with the constitution and electoral laws, and that irregularities in the vote transmission affected the election's integrity. The court declared the results null and void, and ordered the election commission to hold a fresh presidential election within 60 days.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    926 views4 pages

    Kenya Supreme Court Elections Ruling 2017

    Uploaded by

    The Independent Magazine
    The Supreme Court of Kenya ruled that the 2017 presidential election results were invalid. In a majority decision, the court found that the election commission failed to conduct the election in accordance with the constitution and electoral laws, and that irregularities in the vote transmission affected the election's integrity. The court declared the results null and void, and ordered the election commission to hold a fresh presidential election within 60 days.

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    © All Rights Reserved
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    of 4

    KENYA SUPREME COURT RULING

    SEPTEMBER 1, 2017
    READ BY Justice David Maraga
    Pursuant to Rule 23(1) of the Supreme Court (Presidential Election
    Rules) 2017

    [1] The hearing of this Petition was concluded on Tuesday, 29th August
    2017 well after 9.00 p.m.

    The Judges thereafter retreated to deliberate on the following issues for


    determination as crafted by the court:

    (i) Whether the 2017 Presidential Election was conducted in accordance


    with the principles laid down in the Constitution and the law relating to
    elections.

    (ii) Whether there were irregularities and illegalities committed in the


    conduct of the 2017 Presidential Election.

    (iii) If there were irregularities and illegalities, what was their impact, if
    any, on the integrity of the election?

    (iv) What consequential orders, declarations and reliefs should this court
    grant, if any?

    MAJORITY DECISION

    [2] Having carefully considered the above issues, the following is the
    majority decision of the court with two Judges (J.B Ojwang and N. S.
    Ndungu SCJJ) dissenting):

    (i) As to whether the 2017 Presidential Election was conducted in


    accordance with the principles laid down in the Constitution and the law
    relating to elections, upon considering inter alia Articles 10, 38, 81 and
    86 of the Constitution as well as, Sections 39(1C), 44, 44A and 83 of the
    Elections Act, the decision of the court is that the 1st Respondent failed,
    neglected or refused to conduct the Presidential Election in a manner
    consistent with the dictates of the Constitution and inter alia the
    Elections Act, Chapter 7 of the Laws of Kenya.

    (ii) As to whether there were irregularities and illegalities committed in


    the conduct of the 2017 Presidential Election, the court was satisfied that
    the 1st Respondent committed irregularities and illegalities inter alia, in
    the transmission of results, particulars and the substance of which will
    be given in the detailed and reasoned Judgment of the court. The court
    however found no evidence of misconduct on the part of the 3rd
    Respondent.

    ILLEGALITIES

    (iii) As to whether the irregularities and illegalities affected the integrity


    of the election, the court was satisfied that they did and thereby
    impugning the integrity of the entire Presidential Election.

    [3] Consequent upon the above findings, and as to what orders,


    declarations and reliefs this court should grant, the following are the
    orders of the court pursuant to Article 140(2) and (3) of the Constitution
    and Rule 22 of the Supreme Court (Presidential Election) Rules:

    (i) A declaration is hereby issued that the Presidential Election held on


    8th August 2017 was not conducted in accordance with the Constitution
    and the applicable law rendering the declared result invalid, null and
    void;

    (ii) A declaration is hereby issued that the 3rd Respondent was not
    validly declared as the President elect and that the declaration is invalid,
    null and void;

    BEAR OWN COSTS

    (iii) An order is hereby issued directing the 1st Respondent to organize


    and conduct a fresh Presidential Election in strict conformity with the
    Constitution and the applicable election laws within 60 days of this
    determination under Article 140(3) of the Constitution.

    (iv) Regarding costs, each party shall bear its own costs.

    [4] A detailed Judgment containing the reasons for this decision and the
    dissents will be issued within 21 days of this determination in conformity
    with Rule 23(1) of the Supreme Court (Presidential Elections) Rules,
    2017 as it is otherwise impossible with the limited time the court has, to
    do so.
    [5] It is so ordered.

    The ruling was signed by Mr Justice David Maraga, Justice Philomena


    Mwilu, Justice Smokin Wanjala and Justice Isaac Lenaola

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