violates those principles, shall by dint of Article 2(4) of the Constitution, be ipso facto invalid and any election conducted contrary to those principles shall be nothing but a usurpation of the people’s sovereignty under Article 4 and shall produce masqueraders who do not represent the people’s will and are not accountable to them. [16] It was further submitted that instead of protecting and safeguarding the sovereign will of the people of Kenya, IEBC so badly conducted, administered and managed the presidential election, giving rise to this petition and that it flouted the governing principles set out in Articles 1, 2, 4, 10, 35(2), 38, 81, 82, 86, 88, 138, 140, 163 and 249 of the Constitution, the Elections Act and the Regulations. The petitioners thus contended that in the conduct of the August 8th presidential election, IEBC flagrantly flouted the principles of a free and fair election under Article 81(e) of the Constitution as read together with the Elections Act, the Election Regulations, and Section 25 of the IEBC Act. [17] Furthermore, according to the petitioners, IEBC’s was under obligation to conduct elections in a simple, accurate, verifiable, secure, accountable and transparent manner as required by Article 86 of the Constitution. The petitioners further aver that instead of complying with the above imperatives, contrary to Article 88(5) of the Constitution which requires IEBC to “… exercise its powers and perform its functions in accordance with the Constitution and national legislation”, in the conduct and management of the election, IEBC became a law and Institution unto itself and instead of giving effect to the sovereign will of the Kenyan people, it delivered preconceived and predetermined computer generated leaders Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            7  |  P a g e