conduct the elections ending up
declaration of results and so on”106
with
the
And according to the European Human Rights Committee, the process also
includes the right to challenge the election results in a court of law or other
tribunal.107
[226] Here in Kenya, the issue of elections as a process was discussed in
the case of Karanja Kabage v. Joseph Kiuna Kariambegu Nganga
& 2 Others108 where the High Court observed that:
“an election is an elaborate process that begins
with registration of voters, nomination of
candidates to the actual electoral offices, voting
or counting and tallying of votes and finally
declaration of the winner by Gazettement. In
determining the question of the validity of the
election of a candidate, the court is bound to
examine the entire process up to the declaration
of results….The concept of free and fair elections
is expressed not only on the voting day but
throughout the election process….Any noncompliance with the law regulating these
processes would affect the validity of the
election of the Member of Parliament.”
[227] This case was cited with approval by the Supreme Court in In the
matter of the Gender Representation in the National Assembly
and Senate.109 Therefore the process of getting a voter to freely cast his
Lady Justice Georgina Wood, “International Standards in Electoral Dispute Resolution” in the Book
“Guidelines for understanding Adjudicating and Resolving Disputes in Elections”, Guarde, Edited by
Chad Vickery (2011) at page 8.
107 See European Union, Compendium of International Standards for Elections (4th Edition), Brussels,
2016 Pg. 22 – 23.
108 Karanja Kabage v. Joseph Kiuna Kariambegu Nganga & 2 Others, Election Petition No. 12 of 2013;
(2013) eKLR.
109 In the matter of the Gender Representation in the National Assembly and Senate, Advisory opinion No
2 of 2012; [2012] eKLR.
106
Presidential
Petition
No.
1
of
2017
94
|
P a g e