transmission of election results from polling stations simultaneously to the
Constituency Tallying Centre (CTC) and the National Tallying Centre
(NTC). The membership of the 1st respondent, the Independent Electoral
and Boundaries Commission (IEBC), had also been changed barely seven
months to the general election.
[4]
The number of registered votes in the country was 19, 646, 673 and
on 11th August 2017, the 2nd respondent, exercising his mandate under
Article 138(10) of the Constitution, as the Returning Officer of the
Presidential election, declared the 3rd respondent, Uhuru Muigai Kenyatta,
the winner of the election with 8,203,290 votes and the 1st petitioner,
Raila Amollo Odinga, the runner’s up with 6,762,224 votes.
[5]
On 18th August, 2017, Raila Amolo Odinga and Stephen Kalonzo
Musyoka, who were the presidential and deputy presidential candidates
respectively of the National Super Alliance (NASA) Coalition of parties,
running on an Orange Democratic Movement (ODM) party ticket and
WIPER Democratic Movement ticket respectively, filed this petition
challenging the declared result of that Presidential election (the election).
[6] The petitioners in the petition aver that the Independent Electoral and
Boundaries Commission (IEBC), conducted the election so badly that it
failed to comply with the governing principles established under Articles 1,
2, 4, 10, 38, 81, 82, 86, 88, 138, 140, 163 and 249 of the Constitution of
Kenya and the Elections Act (No. 24 of 2011).
Presidential
Petition
No.
1
of
2017
3
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P a g e