B.
[7]
THE PARTIES
The IEBC, the 1st respondent, is an independent Commission
established under Article 88 as read together with Articles 248 and 249 of
the Constitution of Kenya and the IEBC Act No. 9 of 2011. It is
constitutionally charged with the mandate and responsibility of conducting
and/or supervising referenda and elections to any elective body or office
established by the Constitution, as well as any other elections as prescribed
by the Elections Act.
[8]
The 2nd respondent, the Chairperson of IEBC, who is also the
Returning Officer for the Presidential election, is constitutionally mandated
under Article 138(10) of the Constitution of Kenya to declare the result of
the presidential election and deliver a written notification of the result to
the Chief Justice and the incumbent President.
[9]
The 3rd respondent is the President of the Republic of Kenya and was
the presidential candidate of the Jubilee Party in the August 2017
presidential elections and was declared the winner of the said elections by
the 1st respondent on 11th August, 2017.
C.
INTERLOCUTORY APPLICATIONS
[10] Prior to the hearing of the petition, a number of applications were
filed by persons/entities seeking either to be enjoined as amici curiae or as
interested parties. On 27th August, 2017, the Court rendered Rulings in
those applications with the consequence that:
Presidential
Petition
No.
1
of
2017
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