(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?
[126] Before addressing the specific issues highlighted above, we shall first
discuss some of the identifiable legal principles emanating in this case, with
the aim of setting the foundation for the ultimate determination of this
matter.
H.
INTERROGATING THE EMERGING LEGAL PRINCIPLES
(i) Burden of Proof
[127] Counsel for the petitioners, and the 1st and 2nd respondents did not
make substantive submissions on the burden of proof. It was, however,
contended on behalf of the 3rd respondent, that in election matters there is
a presumption that the results declared by the electoral body are correct
until the contrary is proved. In support of that proposition, reference was
made to the decision of this Court in George Mike Wanjohi v. Steven
Kariuki & 2 Others41 and that of the Supreme Court of Ghana in Nana
41
George Mike Wanjohi v. Steven Kariuki & 2 others, Petition No. 2A of 2014; [2014] eKLR.
Presidential
Petition
No.
1
of
2017
51
|
P a g e