Independent Electoral and Boundaries Commission shall tally and verify
the count and declare the result.
[200] The principles cutting across all these Articles include integrity;
transparency;
accuracy;
accountability;
impartiality;
simplicity;
verifiability; security; and efficiency as well as those of a free and fair
election which are by secret ballot, free from violence, intimidation,
improper influence or corruption, and the conduct of an election by an
independent body in transparent, impartial, neutral, efficient, accurate
and accountable manner.
[201] As we have stated, Section 83 of the Elections Act was not in direct
focus in the 2013 Raila Odinga case. That notwithstanding, critics of
that decision assert that had this Court disjunctively considered the two
limbs of that section arguing that if it had, it would perhaps have reached a
different conclusion. Those who support the Court’s observation in that
case argue that a holistic interpretation of the section required the
conjunctive application and, according to them, that is the interpretation
this Court gave the section. What do we now make of these divergent
contentions in the light of the pleadings in this petition?
[202] Among the well-established cannons of statutory interpretation, is
the requirement that in addition to reading the statutes as a whole96, where
the words are clear and unambiguous, they must be given their primary,
plain, ordinary and natural meaning. The language used must be construed
in its natural and ordinary meaning. The sense must be that which the
Royal Media Services v. AG, Petition No. 346 of 2012; [2012] eKLR following Olum & Another v. AG of
Uganda, [2002] 2 EA 508.
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