D.
PETITIONERS’ AND THE 1ST INTERESTED PARTY’S CASE
[14] This petition is anchored on the grounds that the conduct of the 2017
presidential election violated the principles of a free and fair election as well
as the electoral process set out in the Constitution, electoral laws and
regulations and that the respondents committed errors in the voting,
counting
and
tabulation
of
results;
committed
irregularities
and
improprieties that significantly affected the election result; illegally
declared as rejected unprecedented and contradictory quantity of votes;
failed in the entire process of relaying and transmitting election results as
required by law; and generally committed other contraventions and
violations of the electoral process.
(i)
Violation of the Principles Set out in the Constitution,
Electoral Laws and Regulations
[15] On violation of the principles set out in the Constitution as well as the
electoral laws and regulations, the petitioners’ case as contained in the
affidavits in support of the petition and the written and oral submissions of
their counsel was that in relation to elections, the citizenry’s fundamental
political rights under Article 38 are encapsulated in the principles of free
and fair elections in Article 81(e) and IEBC’s obligation to conduct elections
in a simple, accurate, verifiable, secure, accountable and transparent
manner as stated in Article 86 of the Constitution. The petitioners also
argue that IEBC, like all other state organs and persons, is bound by the
principle of constitutional supremacy under Article 2(1) of the Constitution.
It follows then that, in the conduct of any election, any of its acts that
Presidential
Petition
No.
1
of
2017
6
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P a g e