thereby subverting the will of the people. It thus did not administer election
in an impartial, neutral, efficient, accurate and accountable manner.
[18] They also argue that the IEBC committed massive systemic, and
systematic irregularities which go to the very core and heart of holding
elections as the key to the expression of the sovereign will and power of the
people of Kenya and thus undermined the foundation of the Kenyan system
as a Sovereign Republic where the people are sovereign and the very rubric
and framework of Kenya as a nation state.
(ii)
Improper Influence, Corruption, Misconduct and
Undue Influence
[19] It was the petitioners’ case that the election was marred and
significantly compromised by intimidation and improper influence or
corruption. They submitted in that regard that with impunity, the 3rd
respondent contravened the rule of law and the principles of conduct of a
free and fair election through the use of intimidation, coercion of public
officers and improper influence of voters. Relying on the averments in the
affidavit of Raila Odinga, the petitioners argued that on 2nd August, 2017,
the 3rd respondent directly threatened Chiefs in Makueni County for not
supporting him.
[20] The petitioners also accused the 3rd respondent of sponsoring or
causing sponsorship during the election period of publications and
advertisements in the print and electronic media as well as on billboards
contrary to Section 14 of the Election Offences Act, No. 37 of 2016. Under
the guise of launching official state projects and paying reparations to
Presidential
Petition
No.
1
of
2017
8
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