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REPUBLIC OF
KENYA

IN THE SUPREME COURT OF
KENYA AT NAIROBI

(Coram: Maraga, CJ & P,
Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki S. Ndung’u and
Lenaola, SCJJ)

           
ELECTION PETITION NO. 1 OF 2017

 BETWEEN 

  1. RAILA AMOLO  ODINGA …………….………………….….1ST
    PETITIONER  
  2. STEPHEN KALONZO MUSYOKA ……………………..…2ND
    PETITIONER

 AND

  1. INDEPENDENT ELECTORAL AND

 BOUNDARIES
COMMISSION……………..….…………1ST RESPONDENT

 

  1. CHAIRPERSON, INDEPENDENT ELECTORAL

     AND
BOUNDARIES COMMISSION……..…….……..2ND
RESPONDENT

 

  1. H.E UHURU MUIGAI KENYATTA……..……..……….3RD
    RESPONDENT

DETERMINATION OF PETITION
WITHOUT REASONS

(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?

[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. Ndung’u SCJJ)
dissenting):

  • 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.
  • 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
  • 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:

  • 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;
  • 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;
  • 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.
  • 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.

DATED and
DELIVERED at NAIROBI this
1st Day of September,
2017

…………………………………………..             
……………………………………………

  1. K. MARAGA   P. M. MWILU

CHIEF JUSTICE &
PRESIDENT                      
DEPUTY CHIEF JUSTICE & VICE

OF THE SUPREME
COURT                   
PRESIDENT OF THE SUPREME COURT

 ……………………………………….              
…………………………………………….

  1. B.
    OJWANG                                         
      S. C. WANJALA

JUSTICE OF THE SUPREME COURT
JUSTICE OF THE SUPREME COURT

………………………………………….              
……………………………………………..

  1. S. NDUNG’U
           
    I.
    LENAOLA

JUSTICE OF THE SUPREME COURT
JUSTICE OF THE SUPREME COURT

I certify that this is a
true copy

        of the
original

REGISTRAR

SUPREME COURT OF
KENYA     

Download the full Copy of Court Order of Kenyan Supreme
Court
kenya

REPUBLIC OF
KENYA

IN THE SUPREME COURT OF
KENYA AT NAIROBI

(Coram: Maraga, CJ & P,
Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki S. Ndung’u and
Lenaola, SCJJ)

           
ELECTION PETITION NO. 1 OF 2017

 BETWEEN 

  1. RAILA AMOLO  ODINGA …………….………………….….1ST
    PETITIONER  
  2. STEPHEN KALONZO MUSYOKA ……………………..…2ND
    PETITIONER

 AND

  1. INDEPENDENT ELECTORAL AND

 BOUNDARIES
COMMISSION……………..….…………1ST RESPONDENT

 

  1. CHAIRPERSON, INDEPENDENT ELECTORAL

     AND
BOUNDARIES COMMISSION……..…….……..2ND
RESPONDENT

 

  1. H.E UHURU MUIGAI KENYATTA……..……..……….3RD
    RESPONDENT

DETERMINATION OF PETITION
WITHOUT REASONS

(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?

[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. Ndung’u SCJJ)
dissenting):

  • 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.
  • 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
  • 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:

  • 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;
  • 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;
  • 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.
  • 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.

DATED and
DELIVERED at NAIROBI this
1st Day of September,
2017

…………………………………………..             
……………………………………………

  1. K. MARAGA   P. M. MWILU

CHIEF JUSTICE &
PRESIDENT                      
DEPUTY CHIEF JUSTICE & VICE

OF THE SUPREME
COURT                   
PRESIDENT OF THE SUPREME COURT

 ……………………………………….              
…………………………………………….

  1. B.
    OJWANG                                         
      S. C. WANJALA

JUSTICE OF THE SUPREME COURT
JUSTICE OF THE SUPREME COURT

………………………………………….              
……………………………………………..

  1. S. NDUNG’U
           
    I.
    LENAOLA

JUSTICE OF THE SUPREME COURT
JUSTICE OF THE SUPREME COURT

I certify that this is a
true copy

        of the
original

REGISTRAR

SUPREME COURT OF
KENYA     

Download the full Copy of Court Order of Kenyan Supreme
Court
kenya

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