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RAILA ODINGA & 16 ORS
V.
WILLIAM RUTO & 10 ORS

(2022) JELR 113335 (SC)

Supreme Court 26 Sep 2022 Kenya
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Case Details

Suit Number:PRESIDENTIAL ELECTION PETITION E005, E001, E002, E003, E004, E007 & E008 OF 2022 (CONSOLIDATED)
Judges:MK KOOME, CJ & P PM MWILU, DCJ & VP MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ I LENAOLA, SCJ W OUKO, SCJ

JUDGMENT

A Introduction

  1. Every five years, millions of Kenyans cast a ballot for a presidential candidate and five other elective positions. From our history, it is almost inevitable in the course of electoral competition that disputes will arise at all these levels. This calls for effective electoral dispute resolution mechanisms because, again from our past, such disputes may lead to either overt or covert social conflict. Therefore, Kenya’s quest for enhancement of democratic governance through electoral reforms has been long and is well documented. The paramount goal of these reform initiatives has been to secure the peoples’ right of franchise and the integrity of the electoral process. It is in this context that the Constitution sets out values, principles, and rules which embody standards aimed at ensuring that elections reflect the will of the people. Towards this end, the Constitution explicitly protects political rights, including the right to vote; stipulates principles of the…

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