[2013] KESC 15 (KLR)
The Supreme Court, having considered the pleadings and the nature of the petitions challenging the 2013 presidential election, determined that a limited scrutiny and retallying of results was necessary to address the core allegations of irregularities in the tallying and aggregation of votes. The Court found that...
Source-derived case information.
- Citation
- [2013] KESC 15 (KLR)
- Parties
- Applicant: Moses Kiarie Kuria; Applicant: Denis Njue Itumbi; Applicant: Flowrence Jematiah Sergon; Applicant: Gladwell Wathoni Otieno; Applicant: Zahid Rajan; Applicant: Raila Odinga; Respondent: Issack Hassan; Respondent: Independent Electoral and Boundaries Commission; Respondent: Ahmed Issack Hassan; Respondent: Uhuru Muigai Kenyatta; Respondent: William Samoei Ruto
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Petition 3 of 2013
- Procedural Posture
- Election Petitions / Directions on Scrutiny and Retallying of Presidential Election Results
- Outcome
- Orders for scrutiny and retallying of presidential election results in specified polling stations granted.
- Judges
- WM Mutunga, PK Tunoi, MK Ibrahim, JB Ojwang, SC Wanjala, NS Ndungu
- Legal Topics
- Presidential Election Disputes, Vote Scrutiny, Vote Retallying, Electoral Process Integrity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kiarie Kuria
Applicant
Denis Njue Itumbi
Applicant
Flowrence Jematiah Sergon
Applicant
Gladwell Wathoni Otieno
Applicant
Zahid Rajan
Applicant
Raila Odinga
Applicant
Issack Hassan
Respondent
Independent Electoral and Boundaries Commission
Respondent
Ahmed Issack Hassan
Respondent
Uhuru Muigai Kenyatta
Respondent
William Samoei Ruto
Respondent
Procedural Posture
Election Petitions / Directions on Scrutiny and Retallying of Presidential Election Results
Legal Issues
- 1 Whether scrutiny and retallying of presidential election results in specified polling stations is necessary to determine the integrity of the 2013 presidential election process.
- 2 Whether the number of votes cast exceeded the number of registered voters in the specified polling stations.
- 3 Whether the tallying and aggregation of votes by the IEBC was accurate and in accordance with the law.
Ratio Decidendi
The Supreme Court, having considered the pleadings and the nature of the petitions challenging the 2013 presidential election, determined that a limited scrutiny and retallying of results was necessary to address the core allegations of irregularities in the tallying and aggregation of votes. The Court found that such scrutiny would assist in establishing the accuracy of the results as declared by the IEBC, specifically by examining Forms 34 and 36 from all polling stations and retallying votes in 22 specified polling stations. The Court exercised its inherent jurisdiction to ensure the integrity of the electoral process and to provide a transparent and credible resolution to the disputes...
Court Disposition
Orders for scrutiny and retallying of presidential election results in specified polling stations granted.
Orders
- There shall be a scrutiny of all Form 34 used by the IEBC in tallying presidential votes from each of the 33,400 polling stations, including diaspora votes.
- Scrutiny shall establish the number of registered voters, valid votes cast, and rejected votes as indicated on each form.
Full Case Text
Judgment text and source record
74 paragraphs
Kuria & 5 others v Hassan & 4 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 15 (KLR) (Election Petitions) (25 March 2013) (Directions)
MOSES KIARIE KURIA & 2 OTHERS V ISSACK HASSAN & ANOTHER[2013]eKLR
Neutral citation: [2013] KESC 15 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Election Petitions
Petition 3, 4 & 5 of 2013 (Consolidated)
WM Mutunga, CJ & P, PK Tunoi, MK Ibrahim, JB Ojwang, SC Wanjala & NS Ndungu, SCJJ
March 25, 2013
Between
Moses Kiarie Kuria
1st Petitioner
Denis Njue Itumbi
2nd Petitioner
Flowrence Jematiah Sergon
3rd Petitioner
and
Issack Hassan
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
As consolidated with
Petition 4 of 2013
Between
Gladwell Wathoni Otieno
1st Petitioner
Zahid Rajan
2nd Petitioner
and
Ahmed Issack Hassan
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
Uhuru Muigai Kenyatta
3rd Respondent
William Samoei Ruto
4th Respondent
As consolidated with
Petition 5 of 2013
Between
Raila Odinga
Petitioner
and
Independent Electoral and Boundaries Commission
1st Respondent
Ahmed Issack Hassan
2nd Respondent
Uhuru Muigai Kenyatta
3rd Respondent
William Samoei Ruto
4th Respondent
Supreme Court issues orders of scrutiny and retallying of results in some polling stations in the 2013 presidential elections
The Supreme Court issued orders of scrutiny and retallying of results in some polling stations in the 2013 presidential elections.
Reported by Kakai Toili
Brief facts The instant application sought orders of scrutiny and retallying of results of some polling stations in the 2013 presidential elections.
Orders
There was to be a scrutiny of all form 34 which were used by the IEBC in tallying the presidential votes from each of the 33400 polling stations in the country including the form 34 used by IEBC in tallying the diaspora votes.
The scrutiny was to aim at establishing the number of registered voters, the number of valid votes cast and the number of rejected votes as indicated on each form.
There was to be scrutiny of all form 36 which were used by IEBC in aggregating the tallies of presidential votes from all form 34s.
The scrutiny would aim at establishing the accuracy or otherwise of the total tallies of the presidential votes as indicated on the form 34s.
The scrutiny was to also aim at comparing the number of registered voters indicated in form 34 and the number of registered voters on the principal register.
There was to be a re-tallying of the presidential votes in the following 22 polling stations [list annexed], using forms 34, 36 and the principal register.
The re-tally was to aim at establishing whether the number of votes cast in each of the 22 polling stations exceeded the number of registered voters as indicated in the principal register.
The principal register that was to be used in the exercise was the external hard drive presented by IEBC in their annexture AIH.9 in the replying affidavit of the 1st respondent.
The exercise was to be carried out on the March 26, 2013, from 8. 00 am. at a designated venue. The parties would be notified of the venue by the Registrar.
The results of the exercise were to be filed in the Supreme Court Registry by latest 4. 00 pm on Wednesday the March 27, 2013.
The petitioner(s) were to each jointly appoint 10 agents to act as observers during the scrutiny exercise as per orders i – vi.
The respondents were to each jointly appoint 10 agents at act as observers during the scrutiny exercise as per orders i – vi.
An oath of secrecy and confidentiality was to be administered to each and every one of the designated agents referred to in order x and xi, for the purpose of carrying out the exercise. The oath was to be administered by a Registrar of the court on the March 26, 2013 at 7. 30 am. The venue of the oath would be communicated by the Registrar.
Citations CasesNone referred toStatutesNone referred toAdvocatesNone mentioned
Directions
1. Having been seized of the 3 petitions challenging the presidential election of 2013 and having carefully studied the pleadings therein, the court hereby makes the following orders:(1)There shall be a scrutiny of all Form 34 which were used by the IEBC in tallying the presidential votes from each of the 33400 polling stations in the country including the form 34 used by IEBC in tallying the Diaspora votes.(2)The scrutiny shall aim at establishing the number of registered voters, the number of valid votes cast and the number of rejected votes as indicated on each form.(3)There shall be scrutiny of all Form 36 which were used by IEBC in aggregating the tallies of presidential votes from all Form 34s.(4)The scrutiny will aim at establishing the accuracy or otherwise of the total tallies of the Presidential votes as indicated on the Form 34s.(5)The scrutiny shall also aim at comparing the number of registered voters indicated in form 34 and the number of registered voters on the principal register.(6)There shall be a re-tallying of the presidential votes in the following 22 polling stations [list annexed], using Forms 34, 36 and the principal register.(7)The re-tally shall aim at establishing whether the number of votes cast in each of these 22 polling stations exceeds the number of registered voters as indicated in the principal register..(8)The principal register that shall be used in this exercise is the external hard drive presented by IEBC in their annexture AIH.9 in the replying affidavit of Ahmed Isaac Hassan.(9)This exercise shall be carried out on the March 26, 2013, from 8. 00 am. at a designated venue. The parties will be notified of the venue by the Registrar.(10)The results of this exercise shall be filed in the Supreme Court Registry by latest 4. 00 pm on Wednesday the March 27, 2013. (11)The petitioner(s) shall each jointly appoint 10 agents to act as observers during the scrutiny exercise as per orders 1 – 6 above..(12)The respondents shall each jointly appoint 10 agents at act as observers during the scrutiny exercise as per orders 1 – 6 above.(13)An oath of secrecy and confidentiality shall be administered to each and every one of these designated agents referred to in order 10 and 11 above, for the purpose of carrying out this exercise. The oath shall be administered by a Registrar of this court on the March 26, 2013 at 7. 30 am. The venue of the oath shall be communicated by the Registrar.
2. It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 25TH DAY OF MARCH, 2013. ……………………………….….. ……………………….........…………..W.M. MUTUNGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT……………………………….….. ……………………….........…………..P.K. TUNOIJUSTICE OF THE SUPREME COURT…………………....…………………… ………....……………………………...M.K. IBRAHIMJUSTICE OF THE SUPREME COURT……………………………….….. ……………………….........…………..J.B. OJWANGJUSTICE OF THE SUPREME COURT……………………………….….. ……………………….........…………..S.C. WANJALAJUSTICE OF THE SUPREME COURT……………………………….….. ……………………….........…………..N.S. NDUNGUJUSTICE OF THE SUPREME COURTI certify that this is a true Copy of the originalREGISTRARSUPREME COURT OF KENYA