2017 presidential election petition Supreme Court of Kenya

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the 2017 presidential election took place on august 8, 2017, iebc declaring uhuru kenyatta winner. although raila odinga , nasa coalition leaders challenged declaration, indicated not file petition in supreme court given experience @ court when filed similar petition after 2013 general election. however, coalition announced 3 days later file case following government s decision shut down 2 leading civil society organizations had been expected file petition @ court.


raila odinga s petition based on several grounds, including discrepancy in presidential vote tally compared tally of other elections (the presidential vote tally exceeded total tally of votes cast county governors across country on half million), , allegations electoral commission s electronic vote transmission system hacked , formula introduced kept uhuru kenyatta s vote tally @ consistent 11% ahead of odinga vote tallies supposedly came in different parts of country in candidates enjoyed varied support. statistician prepared affidavit show gap statistically impossible if votes came in randomly different parts of country. petitioner alleged results declaration forms submitted electoral commission forged mirror computer-generated results publicly displayed on results transmission portal had been hacked, prompting odinga refer elected leaders vifaranga vya computer , swahili computer hatchlings or computer-generated leaders.


at conclusion of hearing, supreme court rendered majority decision on september 1, 2017 holding election not conducted in accordance constitution , other electoral laws, there illegalities , irregularities committed electoral commission including in results transmission process, , said illegalities , irregularities affected integrity of election. court nullified election , ordered iebc conduct fresh 1 within 60 days in accordance constitution, , while observing strict adherence law in new election. 2 judges – justice prof j. b. ojwang , lady justice njoki ndung u – dissented.


the court delivered brief verdict on september 1, 2017, saying did not have time prepare full reasoned judgment due amount of evidence presented. full judgment read in 21 days.







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