to have been so. The petition before us was however simple and to the
point. It was obvious to us, that IEBC misunderstood it, hence its jumbledup responses and submissions. Our judgment is also simple, and in our
view clear and understandable. It ought to lead IEBC to a soul-searching
and to go back to the drawing board. If not, this Court, whenever called
upon to adjudicate on a similar dispute will reach the same decision if the
anomalies remain the same, irrespective of who the aspirants may be.
Consistency and fidelity to the Constitution is a non-wavering commitment
this court makes.
[403] One other peripheral but important matter requires our attention;
the timeframe for hearing and determining a presidential election petition
in Kenya. The Court is able to bear all manner of criticisms but one would
be extremely unfair; alleged inability to deliver on time. Where is that
time? Between the decision in the 2013 Raila Odinga case and the
present petition, it was a matter of agreement across Kenya that 14 days is
not enough for parties and the Court to fully deliver on their respective
mandates not because they cannot (in fact they all have) but because there
may be the need to conduct exercises such as a recount of votes or scrutiny
which require substantial amounts of time. Yet the Legislature ignored
pleas to rethink the timeframe. It is time they did so. The reasons for
doing so are obvious and need no extrapolation here.
[404] In concluding, we must express our profound gratitude to all
counsel who appeared before us, for their submissions that assisted us in
reaching the present decision.
Presidential
Petition
No.
1
of
2017
176
|
P a g e
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