JUDGMENT
(Pursuant to rule 23(1) of the Supreme Court (Presidential Election Petition) Rules, 2017)
The Presidential Election of 9th August 2022
A. Introduction
This Judgment is rendered pursuant to rule 23(1) of the Supreme Court (Presidential Election Petition) Rules, 2017.
Kenya is a sovereign multi-party democratic state whose foundations are firmly spelt in the Constitution. The Kenyan people’s quest for electoral reforms since independence is well documented. That notwithstanding and even without going back to the pre-1992 era, every cycle of elections has been highly contested with the exception of 2002. This speaks to a background of distrust of the administration of our electoral process. Informed by this setting, Kenyans made a decision to vest the Supreme Court with the jurisdiction to determine questions regarding the validity of a Presidential Election under article 140 of the Constitution. The reactions following the declaration of results of the Presidential Election of Augu…