Canadian case of Opitz v. Wrzesnewskj26 and the Nigerian case of
Abubakar v. Yar’adua.27
[84] Through Mr, Ahmednassir SC, it was submitted for the 3rd
respondent that the 2013 Raila Odinga case is a bedrock of precedent
and should not be departed from. He also urged that the Supreme Court
was created to develop jurisprudence that was coherent and sound and that
the 2013 Raila Odinga case has settled the law as regards elections in
Kenya on various aspects such as of burden and standard of proof and
interpretation of
Section
83
aforesaid.
Further,
that
before
the
establishment of the Supreme Court, the electoral legal regime in the
country was in disarray and therefore this Court should strictly adhere to
the doctrine of stare decisis for consistency of its jurisprudence.
[85] It was also the 3rd respondent’s submission that as a consequence of
the many court cases filed by NASA (some of which are set out in the
affidavit of Davis Chirchir) the courts made pronouncements on various
specific aspects of elections, thereby checking the manner in which IEBC
was to conduct the 2017 election.
[86] Mr. Kinyanjui, for the 2nd interested party, supported the
respondents’ position and urged that no sufficient evidence had been
tendered to oust the prevailing interpretation of Section 83 of the Elections
26
27
Opitz v. Wrzesnewskj , (2012) SCC 55-2012-10-256.
Abubakar v. Yar’adua (2009) All FWLR (Petition 457) 1SC.
Presidential
Petition
No.
1
of
2017
34
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