(k)
An order directing the 1st respondent to organize and conduct a
fresh presidential election in strict conformity with the
Constitution and the Elections Act;
(l)
A declaration that each and all of the respondents jointly and
severally committed election irregularities;
(m) Costs of the petition; and
(n)
Any other Orders that the Honourable Court may deem just
and fit to grant;”
[381]
Noting the prayers sought in this petition, this Court has the
mandate, to invalidate a presidential election under Article 140(3) of the
Constitution as read with Section 83 of the Elections Act, inter alia, for
reasons that there has been non-compliance with the principles in Articles
10, 38, 81 and 86 of the Constitution as well as in the electoral laws. One of
the clear reliefs in Article 140(3) is that should a presidential election be
invalidated, then a ‘fresh election’ shall be held within 60 days of this
Court’s decision in that regard. Parties at the hearing of the petition did not
address us on the issue, however, and so we do not deem it fit in this
Judgment to delve into an interpretation of that term. We also note that
the term ‘fresh election’ was addressed in the 2013 Raila Odinga case
and is the subject of an application by the 1st interested party within this
petition. The application has been fixed for hearing on 21st September,
2017 and the Court will deal with it on its merits. We now return to the
specific prayers in the petition.
[382] Without belabouring the point, prayers (a), (b) (c) (e) and (f) have
been spent by fact of the Ruling of this Court delivered on 28th August,
Presidential
Petition
No.
1
of
2017
167
|
P a g e
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