must put in place a complementary system that accords with the provisions
of Section 44(A) of the Elections Act. It goes without saying that such a
system as held by the High Court, in the case of the National Super
Alliance (NASA) Kenya v. The Independent Electoral and
Boundaries Commission & 2 Others121, only comes into play when
technology fails.
[393] In the 2013 Raila Odinga case, this Court stated that “it should
not be for the court to determine who comes to occupy the Presidential
office; save that this court, as the ultimate judicial forum, entrusted under
the Supreme Court Act, 2011 (Act No.7 of 2011) with the obligation to
assert the supremacy of the Constitution and the sovereignty of the people
of Kenya” [S.3(a)] must safeguard the electoral process and ensure that
individuals accede to power in the presidential office, only in compliance
with the law regarding elections.” We reiterate those words in this petition
and for as long as the Constitution of Kenya has the provisions granting this
Court the mandate to overturn a presidential election in appropriate
circumstances, it will do so because the people of Kenya in the preamble to
the Constitution adopted, enacted and gave unto themselves the
Constitution for themselves and future generations.
[394] It is also our view that the greatness of a nation lies not in the might
of its armies important as that is, not in the largeness of its economy,
important as that is also. The greatness of a nation lies in its fidelity to the
Constitution and strict adherence to the rule of law, and above all, the fear
of God. The Rule of law ensures that society is governed on the basis of
National Super Alliance (NASA) Kenya v. The Independent Electoral & Boundaries Commission & 2
Others, Petition No. 328 of 2017; [2017] eKLR.
121
Presidential
Petition
No.
1
of
2017
171
|
P a g e
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