JUDGMENT OF THE COURT
Introduction.
1. In a recent decision made by this Court in LEDAMA OLEKINA v. SAMUEL KUNTAI TUNAI and 9 Others C.A 286 of 2013, the Court examined Articles 81 and 86 of the Constitution and stated as follows:-
“An election is not an election which is not based on universal suffrage, not by secret ballot, not transparent and free from violence, intimidation, improper influence or corruption; one which is not conducted by an independent body with impartiality, neutrality, efficiency, accuracy and accountability; one where the voting method is not simple, accurate, verifiable, secure, accountable and transparent; one where the structures and mechanisms for eliminating electoral malpractices are not put in place. In sum, an election that goes against the grain as set by the Constitution, and is not free and fair, is invalid, without more. The Constitution does not set the standard. It is the standard. The issue is how ordinary mortals can measure up to that lofty level.…