1.
Constitution of Kenya, 2010 articles 86;101; 136(2)(a); 138(3)(c)(4)(a)(10); 140(1)(3); 163(3)(a);
177(1); 180(1) - (Interpreted)
2.
Election Oences Act, 2016 (Act No 37 of 2016) section 5(n) - (Interpreted)
3.
Elections (Technology) Regulations, 2017 (Act No 24 of 2011 Sub Leg) regulations 11, 12 (Interpreted)
4.
Elections Act, 2011 (Act No 24 of 2011) sections 6A, 44, 55B - (Interpreted)
5.
Independent Electoral and Boundaries Commission Act, 2011 (Act No 9 of 2011) section 11A (a) (Interpreted)
6.
Penal Code (cap 63) sections 113, 114 - (Interpreted)
7.
Supreme Court (Presidential Election Petition) Rules, 2017 (Act No 7 of 2011 Sub Leg) rule 23(1)
- (Interpreted)
8.
Supreme Court Act, 2011 (Act No 7 of 2011) section 12 - (Interpreted)
Advocates
None mentioned
JUDGMENT
(Pursuant to rule 23(1) of the Supreme Court (Presidential Election Petition) Rules, 2017)
The Presidential Election of 9th August 2022
A. Introduction
This Judgment is rendered pursuant to rule 23(1) of the Supreme Court (Presidential Election Petition) Rules,
2017.
[1]
Kenya is a sovereign multi-party democratic state whose foundations are rmly spelt in the Constitution.
The Kenyan people’s quest for electoral reforms since independence is well documented. That
notwithstanding and even without going back to the pre-1992 era, every cycle of elections has
been highly contested with the exception of 2002. This speaks to a background of distrust of the
administration of our electoral process. Informed by this setting, Kenyans made a decision to vest the
Supreme Court with the jurisdiction to determine questions regarding the validity of a Presidential
Election under article 140 of the Constitution. The reactions following the declaration of results of
the Presidential Election of August 9, 2022 shows that the Independent Electoral and Boundaries
Commission (IEBC) has not yet garnered universal public condence and trust in the internal
management of the Commission and elections. On August 15, 2022, six days after the General
Elections were held, Mr Wafula Chebukati, the Chairperson of IEBC announced the following results:
Candidates
Votes
Percentage
Raila Odinga
6,942,930
48.85
William Ruto
7,176,141
50.49
David Waihiga
31,987
0.23
George Wajackoyah
61,969
0.44
kenyalaw.org/caselaw/cases/view/240578/
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