JUDGMENT
A.
INTRODUCTION
[1]
Kenya is a Sovereign Republic and a Constitutional democracy
founded on national values and principles of governance in Article 10 of her
Constitution. All sovereign power in the Republic is reserved to her people
but delegated to “Parliament and legislative assemblies in the County
Governments; the national executive and the executive structures in the
County Governments; and the Judiciary and the independent tribunals.”1
In the election of her representatives, Kenya holds general elections on the
second Tuesday of August in every fifth year.2
[2]
On 8th August, 2017, Kenya held her second general election under
the Constitution 2010 and Kenyans from all walks of life trooped to 40,883
polling stations across the country to exercise their rights to free, fair and
regular elections under Article 38(2) of the Constitution.
That date is
significant because it was the first time that a general election was being
held pursuant to Article 101(1) of the Constitution which decrees the
holding of general elections every five years on the second Tuesday of
August in the fifth year.
[3] The general election was also held for the first time under an
elaborate regime of electoral laws including amendments to the Elections
Act made to introduce the Kenya Integrated Electoral Management System
(KIEMS) which was a new devise intended to be used in the biometric voter
registration, and, on the election day, for voter identification as well as the
1
2
Constitution of Kenya 2010, Article 1.
Constitution of Kenya 2010, Articles 101 (1), 136(2)(a), 177(1)(a) and 180(1).
Presidential
Petition
No.
1
of
2017
2
|
P a g e