Kenya Case Law

Japthet Muroko & Zacheus Okoth Oliech v Independent Electoral and Boundaries Commission (IEBC), Joseph Mele Eroo, Returning Officer Nairobi County & Kioko Mike Sonko Mbuvi Gideon

Japthet Muroko & Zacheus Okoth Oliech v Independent Electoral and Boundaries Commission (IEBC), Joseph Mele Eroo, Returning Officer Nairobi County & Kioko Mike Sonko Mbuvi Gideon [2017] KEHC 9692 (KLR)

Court

High Court

Case number

Election Petition 23 of 2017

The court found that the petitioners' requests for access to electoral technology and statutory forms were generalized and not sufficiently tied to the specific allegations in the petition. The court emphasized that access to election materials must be limited to those relevant to the issues pleaded, and that no evidence was provided to support fears of manipulation or to show that the IEBC had breached its duty of safe custody. Regarding the admission of further affidavits, the court held that while additional evidence may be allowed at the court's discretion, it must not introduce new issue…

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• Access To Electoral Materials
• Admission Of Further Affidavits
• Election Integrity
• Statutory Timelines
• Scrutiny Of Election Materials

Jane Muringi Wangui v Independent Electoral and Boundaries Commission, Returning Officer Embakasi North Constituency & James Mwangi Gakuya

Jane Muringi Wangui v Independent Electoral and Boundaries Commission, Returning Officer Embakasi North Constituency & James Mwangi Gakuya [2017] KEHC 2483 (KLR)

Court

High Court

Case number

Election Petition 19 of 2017

Judge

RB Ngetich

The court found that while the petitioner had raised concerns about the legibility and authenticity of forms 35A and 35B, she had not identified specific polling stations where irregularities occurred, nor had she provided sufficient evidence to warrant a general order for scrutiny. The court held that scrutiny must be based on specific, substantiated allegations rather than generalized claims. However, in the interest of justice and to ensure a fair hearing, the court ordered that the petitioner be supplied with certified copies of forms 35A and 35B, that the originals be preserved and avail…

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• Access To Election Materials
• Scrutiny Of Election Results
• Election Integrity
• Burden Of Proof In Election Disputes

Odinga & another v Independent Electoral and Boundaries Commission & 2 others

Odinga & another v Independent Electoral and Boundaries Commission & 2 others [2017] KESC 32 (KLR)

Court

Supreme Court

Case number

Election Petition 1 of 2017

Judges

DK Maraga, PM Mwilu, JB Ojwang, SC Wanjala, N Ndungu, I Lenaola

The Supreme Court of Kenya annulled the 2017 presidential election, finding constitutional and statutory non-compliance, especially in results transmission.

• Presidential Election Validity
• Electoral Irregularities
• Transmission Of Results
• Compliance With Constitution
• Impact Of Illegalities
• Election Integrity