[2013] KESC 5 (KLR)
The Supreme Court unanimously held that the presidential election held on March 4, 2013, was conducted in a free, fair, transparent, and credible manner, in compliance with the Constitution and all relevant laws. The Court found that the 3rd and 4th respondents were validly elected as President and Deputy President,...
Source-derived case information.
- Citation
- [2013] KESC 5 (KLR)
- Parties
- Applicant: Raila Odinga; Applicant: Denis Njue Itumbi; Applicant: Zahid Rajan; Applicant: Moses Kiarie Kuria; Applicant: Florence Jematiah Sergon; Applicant: Gladwell Wathoni Otieno; Respondent: Independent Electoral and Boundaries Commission; Respondent: Ahmed Issack Hassan; Respondent: Uhuru Kenyatta; Respondent: William Samoei Ruto
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Petition 5 of 2013
- Procedural Posture
- Presidential Election Petition / Final Order
- Outcome
- Petitions dismissed; election upheld; each party to bear own costs.
- Judges
- WM Mutunga, PK Tunoi, MK Ibrahim, JB Ojwang, SC Wanjala, N Ndungu
- Legal Topics
- Presidential Elections, Electoral Process, Vote Tabulation, Rejected Votes, Election Validity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Raila Odinga
Applicant
Denis Njue Itumbi
Applicant
Zahid Rajan
Applicant
Moses Kiarie Kuria
Applicant
Florence Jematiah Sergon
Applicant
Gladwell Wathoni Otieno
Applicant
Independent Electoral and Boundaries Commission
Respondent
Ahmed Issack Hassan
Respondent
Uhuru Kenyatta
Respondent
William Samoei Ruto
Respondent
Procedural Posture
Presidential Election Petition / Final Order
Legal Issues
- 1 Whether the presidential election held on March 4, 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the Constitution and all relevant provisions of the law.
- 2 Whether rejected votes ought to have been included in determining the final tally of votes in favour of each presidential candidate.
Ratio Decidendi
The Supreme Court unanimously held that the presidential election held on March 4, 2013, was conducted in a free, fair, transparent, and credible manner, in compliance with the Constitution and all relevant laws. The Court found that the 3rd and 4th respondents were validly elected as President and Deputy President, respectively. The Court further determined that rejected votes ought not to have been included in the calculation of the final tallies for each presidential candidate. The petitions challenging the validity of the election and seeking recomputation of percentages were dismissed, and the Court declined jurisdiction over the prayer for recomputation in Petition No. 3. Each party...
Court Disposition
Petitions dismissed; election upheld; each party to bear own costs.
Orders
- Petition No 5 of the consolidated petitions is dismissed.
- Petition No 4 of the consolidated petitions is dismissed.
Full Case Text
Judgment text and source record
75 paragraphs
Odinga & 5 others v Independent Electoral and Boundaries Commission & 3 others (Petition 5, 3 & 4 of 2013 (Consolidated)) [2013] KESC 5 (KLR) (30 March 2013) (Order)
Raila Odinga & 2 Others v Independent Electoral and Boundaries Commission & 3 Others[2013]eKLR
Neutral citation: [2013] KESC 5 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Petition 5, 3 & 4 of 2013 (Consolidated)
WM Mutunga, CJ & P, PK Tunoi, MK Ibrahim, JB Ojwang, SC Wanjala & N Ndungu, SCJJ
March 30, 2013
Between
Raila Odinga
1st Petitioner
Denis Njue Itumbi
2nd Petitioner
Zahid Rajan
3rd Petitioner
and
Independent Electoral and Boundaries Commission
1st Respondent
Ahmed Issack Hassan
2nd Respondent
Uhuru Kenyatta
3rd Respondent
William Samoei Ruto
4th Respondent
As consolidated with
Petition 3 of 2013
Between
Moses Kiarie Kuria
1st Petitioner
Denis Njue Itumbi
2nd Petitioner
Florence Jematiah Sergon
3rd Petitioner
and
Ahmed 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
Uhuru Kenyatta
2nd Respondent
William Samoei Ruto
3rd Respondent
The 2013 presidential election was conducted in a free, fair, transparent and credible manner in compliance with the provisions of the Constitution and all the relevant provisions of the law
Reported by Kakai Toili
Electoral Law- elections - presidential elections - tabulation of presidential election results - inclusion of rejected votes in determining the final tally of votes - whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the presidential candidate - whether the presidential election held on March 4, 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law.
Brief facts The consolidated petitions were filed challenging the March 4, 2013 presidential elections on grounds that included the assertion that the election was not conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law.
Issues
Whether the presidential election held on March 4, 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law.
Whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the presidential candidate.
Held
The elections were conducted in compliance with the Constitution and the law.
The 3rd and 4th respondents were validly elected as President and Deputy President.
Rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.
Petition No 4 and 5 of the consolidated petitions dismissed.
Orders
As to Petition No 3 of the consolidated petitions, the prayer by the petitioners seeking a declaration of recomputation of percentages by the 2nd respondent was declined as the court had no jurisdiction.
The detailed judgement containing the reasons for decision of the court to be issued within two weeks from the date of the issuance of the order of the court.
Each party to bear his/her/it’s own costs.
Citations CasesNone referred toStatutesKenyaConstitution of Kenya In general - (Cited)AdvocatesNone mentioned
Order
1. After extensive deliberations, we are happy to announce the Supreme Court has reached a unanimous decision on all the four issues that fell for determination in presidential election Petition No 3, 4 and 5 as consolidated.
2. The following is the unanimous decision of the court:(i)As to whether the presidential election held on March 4, 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of theConstitution and all relevant provisions of the law; it is the decision of the court that the said elections were indeed conducted in compliance with theConstitution and the law.(ii)As to whether the 3rd and 4th respondents were validly elected and declared as President elect and Deputy President elect of the Republic of Kenya respectively, by the second respondent in the presidential elections held on the March 4, 2013; it is the decision of the court that the 3rd and 4th respondents were validly elected.(iii)As to whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the presidential candidate by the 2nd respondent; it is the decision of the court that such rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.(iv)As to what consequential declarations, orders and reliefs, that this honorable court ought to grant based on the above determinations, the following are the orders of the court:a.Petition No 5 of the consolidated petitions is hereby dismissed.b.Petition No 4 of the consolidated petitions is hereby dismissed.c.As to Petition No 3 of the consolidated petitions, the prayer by the petitioners seeking a declaration of recomputation of percentages by the 2nd respondent is declined as the court as no jurisdiction.d.Regarding orders as to costs, the court orders that each party bears his/her/it’s own costs.
3. The detailed judgement containing the reasons for decision of the court will be issued within two weeks from today.
4. Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 30TH MARCH, 2013. ...................................WM MUTUNGACHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURT...................................PK TUNOIJUSTICE OF THE SUPREME COURT...................................MK IBRAHIMJUSTICE OF THE SUPREME COURT...................................JB OJWANGJUSTICE OF THE SUPREME COURT...................................SC WANJALAJUSTICE OF THE SUPREME COURT...................................NS NDUNGUJUSTICE OF THE SUPREME COURTI certify that this is a true Copy of the originalREGISTRARSUPREME COURT OF KENYA