JUDGMENT OF THE COURT
A. TWO PRESIDENTIAL ELECTION PETITIONS: BACKGROUND
[1] On 8th August 2017, Kenya held its second general election under its 2010 Constitution, the Hon. Uhuru Muigai Kenyatta, the 3rd respondent, being declared the winner of the Presidential election. The Hon. Raila Amolo Odinga and the Hon. Stephen Kalonzo Musyoka, who had contested as Presidential and Deputy-Presidential candidates respectively, challenged the election, in Raila Amolo Odinga and Another v. The Independent Electoral and Boundaries Commission and 2 Others, Presidential Election Petition No. 1 of 2017, (hereinafter Raila 2017). In a decision rendered on 1st September, 2017, with reasons reserved and delivered on 20th September, 2017, this Court, by a majority of four-to-two, nullified that election and, pursuant to Article 140(3) of the Constitution, directed the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh Presidential election within 60 days. IEBC conducted a fresh Pres…