victims of 2007 post-election violence, it was further argued that the 3rd
respondent, improperly influenced voters by issuing cheques to Internally
Displaced Persons (IDPs) during campaign rallies.
[21] The petitioners also imputed improper conduct on several Cabinet
Secretaries for allegedly campaigning for the 3rd respondent. They argued
that, Cabinet Secretaries being Public Officers, are prohibited by the
Constitution, the Political Parties Act (No. 11 of 2011), the Public Officer
Ethics Act (No. 4 of 2003) and the Election Offences Act from participating
in political activities. They thus demanded that the Cabinet Secretaries who
campaigned for the 3rd respondent should be prosecuted.
[22] The petitioners in addition urged the Court to declare Section 23 of
the Leadership and Integrity Act, Cap. 182 of the Laws of Kenya, as
unconstitutional for exempting Cabinet Secretaries from the requirement of
impartiality contrary to Article 232 of the Constitution.
(iii)
Failure in the Process of Relaying and Transmitting
Results
[23] In his affidavit in support of the petition, Raila Odinga, deposed that
following the history of electoral malpractices in this country, the law was
amended to require the IEBC to obtain and operationalise the Kenya
Integrated Electoral Management System (KIEMS) to be used in voter
registration, voter identification and the transmission of results. The said
system was thus intended to ensure that no malpractices in those activities
are committed.
Presidential
Petition
No.
1
of
2017
9
|
P a g e