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DATED and DELIVERED at NAIROBI this 20th Day of September 2017. ………………………………………….. D. K. MARAGA CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT ……….…………………………………… P. M. MWILU DEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT …………………………………………. J. B. OJWANG JUSTICE OF THE SUPREME COURT …..……………………………………………. S. C. WANJALA JUSTICE OF THE SUPREME COURT ……………………………………….…. N. S. NDUNG’U JUSTICE OF THE SUPREME COURT …………………………………………….. I. LENAOLA JUSTICE OF THE SUPREME COURT I certify that this is a true copy of the original REGISTRAR SUPREME COURT OF KENYA Presidential Petition No. 1 of 2017 178 | P a g e

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Odinga v. IEBC

Judgment

Question Presented: Which party has the burden of proof to contest an election?

Alleged Acts: Opposition leader Odinga brought this suit against the IEBC and declared President Kenyatta for illegalities and irregularities during the 2017 election process that rendered the election unverifiable and void.

Summary: The decision to nullify the election hinged on the Court’s interpretation of the wording of §83 of the Elections Act, and whether the petitioner had to prove that irregularities and illegalities were of sufficient magnitude to have impacted the results of the election. The Court emphasized the IEBC’s responsibility to comply with all constitutional, legal, regulatory and procedural provisions in place for the administration of elections. The burden of proof on the IEBC to prove that the election was conducted in accordance with the laws and rules in place was not met. The court ruled the IEBC failed to conduct the elections in line with the Constitution and applicable laws and thus annulled the elections.

Conclusion: The 2017 Kenyan elections were invalid, null, and void. The IEBC was ordered to conduct new elections within 60 days.

Legal Issue(s)

Disputing Results
Electoral Integrity

Region: Africa

Country: Kenya

Language of Decision

English

Court: Supreme Court

Election Type: Presidential

Date of decision: Sep 1, 2017

Geolocation

Latitude: -1.2997373106124983

Longitude: 36.80159856269896

: Geolocation

Primary Documents

Kenya- Odinga v. IEBC.pdf
English
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Election Judgments - IFES

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Odinga v. IEBC

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