of law and should not be unduly stretched beyond
a limit. We say so because while it is important to
respect a popular verdict and the courts ought to
be slow in upsetting the same, it is equally
important to maintain the purity of the election
process.
An election which is vitiated by reason of corrupt
practices, illegalities and irregularities……cannot
obviously be recognized and respected as the
decision of the majority of the electorate. The
Courts are, therefore, duty bound to examine the
allegations whenever the same are raised within
the framework of the statute without being unduly
hyper-technical in its approach & without being
oblivious of the ground realities. Experience has
shown that the electoral process is, despite several
safeguards taken by the Statutory Authorities
concerned, often vitiated by use of means, factors
and considerations that are specifically forbidden
by the statute.”
[399] What of the argument that this Court should not subvert the will of
the people? This Court is one of those to whom that sovereign power has
been delegated under Article 1(3)(c) of the same Constitution.
All its
powers including that of invalidating a presidential election is not, selfgiven nor forcefully taken, but is donated by the people of Kenya. To
dishonestly exercise that delegated power and to close our eyes to
Presidential
Petition
No.
1
of
2017
174
|
P a g e
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