Regulations thereunder, and all other relevant provisions of the law.
Further, that the presidential election process was backed by an elaborate
electoral management system supported by various electoral laws, which
included several layers of safeguards to ensure an open, transparent,
participatory and accountable system so as to guarantee free and fair
elections pursuant to Articles 81 and 86 of the Constitution.
[53] In addition, the 1st respondent submitted that it had put in place a
strategic plan (2015-2020) setting out key priorities for strengthening
electoral systems and processes in Kenya. It also had a two year election
operation plan, 2015-2017 as a roadmap towards free, fair and credible
2017 election. In execution of this plan, Mr. Muite, learned counsel for
IEBC, submitted that the presidential election was conducted in accordance
with the Constitution and the people’s sovereign will in Article 1 thereof was
duly realized. Learned Counsel urged that even observers during the period
found no fault in the conduct of the election and it would be a wrong
interpretation of Article 1 of the Constitution if this Court nullified the
election.
[54] Citing the advisory opinion in the Matter of the Principle of
Gender Representation in the National Assembly and the
Senate12, the 1st and 2nd respondents submitted that the election of a
president is a process, involving a plurality of stages, beginning from party
primaries elections to the final election leading to the identification of a
president elect. These processes were adhered to, according to them.
12
In
the Matter of the Principle of Gender Representation in the National Assembly and the Senate
Reference No. 2 of 2012; [2012] eKLR.
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