![]() ![]() Presidential Election Petition No 1 of 2017ĭ Maraga, CJ P Mwilu, DCJ J B Ojwang, S C Wanjala, S N Ndung’u & I Lenaola, SCJJĮlectoral law – presidential election – validity of a presidential election-petition challenging the validity of the president elect-allegations of non-compliance with the Constitution and electoral laws- allegations of various irregularities and illegalities during the conduct of the elections – what are the principles of free and fair elections -whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution of Kenya,2010 and the written laws relating to elections- whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election and if in the affirmative, what was their impact, if any, on the integrity of the election- Constitution of Kenya, 2010, articles 81, 86,138, Elections Act 2011, sections 39 (1c), 44, 83 Elections (General) Regulations, 2012 Regulation 87(1)(b)Įlectoral law -presidential elections-electoral process-transmission of results and declaration of results-verification of results-process to be followed- whether the Court of Appeals’ decision in the case of Maina Kiai provided a justification for declaring the results of the election of the president by the National Returning Officer without reference to Forms 34A-whether the Court of Appeal’s decision relieved the 1st Respondent from its statutory responsibility of electronically transmitting in the prescribed form, the tabulated results of an election for the president from a polling station to the Constituency Tallying Center and to the National Tallying Center in accordance with section 39(1C) of the Elections Act- Elections Act, section 39(1C) Odinga & another v Independent Electoral and Boundaries Commission & 2 others eKLR ![]() Odinga & another v Independent Electoral and Boundaries Commission & 2 others Aukot & another (Interested Parties) Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) KESC 42 (KLR) (20 September 2017) (Judgment) Odinga & another v Independent Electoral and Boundaries Commission & 2 others Aukot & another (Interested Parties) Attorney General & another (Amicus Curiae)ĭavid Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu
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