law while irregularities denote violation of specific regulations and
administrative arrangements put in place.
[305] The petitioners in that context claim that the 8th August, 2017
presidential election, was conducted in an environment characterized by
many
systematic
and
systemic
illegalities
and
irregularities
that
fundamentally compromised the integrity of the election, contrary to the
principles laid down in the Constitution. The alleged illegalities and
irregularities, ranged from blatant non-compliance with the law, to
infractions of procedure, some of which were requirements of the laws and
regulations relating to the election, while others, had been put in place by
the 1st respondent, for the management of the elections.
(a)
Illegalities
Allegations of Undue Influence, Bribery and voter
intimidation
[306] In addressing the above issue, at paragraph 37 of his supporting
affidavit, Raila Odinga deposed that the 3rd respondent, Uhuru Kenyatta,
brazenly violated Section 14 of the Elections Act (he must have meant
Section 14 of the Election Offences Act) by advertising and publishing in the
print and electronic as well as on billboards, achievements of his
government. Section 14 of the Election Offences Act provides that:
“No
government
shall
publish
any
advertisements
of
achievements
of
the
respective government either in the print
media, electronic media, or by way of banners
or hoardings in public places during the
election period.”
Presidential
Petition
No.
1
of
2017
129
|
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