K.
FINAL ORDERS
[405] By a majority of four (with J. B. Ojwang and N. S. Ndungu, SCJJ
dissenting), we make the following final Orders:
(i)
A declaration is hereby issued that the Presidential
Election held on 8th August, 2017 was not conducted
in
accordance
applicable
with
law
the
Constitution
rendering
the
and
declared
the
result
invalid, null and void;
(ii) A
declaration
is
hereby
issued
that
the
irregularities and illegalities in the Presidential
election of 8th August, 2017 were substantial and
significant that they affected the integrity of the
election, the results not- withstanding.
(iii) A
declaration
respondent
is
was
hereby
not
issued
validly
that
the
3rd
declared
as
the
President elect and that the declaration is invalid,
null and void;
(iv) An
Order
respondent
is
to
hereby
issued
organize
and
directing
conduct
the
a
1st
fresh
Presidential Election in strict conformity with the
Constitution and the applicable election laws within
60 days of the determination of 1st September 2017
under Article 140(3) of the Constitution.
(v)
Regarding costs, each party shall bear its own
costs.
Presidential
Petition
No.
1
of
2017
177
|
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