138(4) of the Constitution. In addition, the election which gives rise to this
result must be held in accordance with the principles of a free and fair
elections, which are by secret ballot; free from intimidation; improper
influence, or corruption; and administered by an independent body in an
impartial, neutral, efficient, accurate and accountable manner as stipulated
in Article 81. Besides the principles in the Constitution which we have
enumerated that govern elections, Section 83 of the Elections Act requires
that elections be “conducted in accordance with the principles laid down in
that written law.”
The most important written law on elections is of course
the Elections Act itself. That is not all. Under Article 86 of the Constitution,
IEBC is obliged to ensure, inter alia, that:
“Whatever voting method is used, the system is
simple, accurate, verifiable, secure, accountable and
transparent; the votes cast are counted, tabulated
and the results announced promptly by the
presiding officer at each polling station; the results
from the polling stations are openly and accurately
collated and promptly announced by the returning
officer; and appropriate structures and mechanisms
to eliminate electoral malpractice are put in place,
including the safekeeping of election materials.”
I.
ANALYSIS OF ISSUES FOR DETERMINATION
[213] With the above imperative constitutional and legal principles in
mind, we would now like to turn to the facts of this case, starting with the
first limb of Section 83 and in this we shall be analyzing the violations of
the principles in the Constitution and the electoral law that the petitioners
are complaining of.
Presidential
Petition
No.
1
of
2017
88
|
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