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Kenya decisions
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others [2017] KESC 32 (KLR)
The Supreme Court of Kenya annulled the 2017 presidential election, finding constitutional and statutory non-compliance, especially in results transmission.
Odinga & 5 others v Independent Electoral and Boundaries Commission & 3 others [2013] KESC 6 (KLR)
The Supreme Court held that the 2013 presidential election was conducted in a free, fair, transparent, and credible manner in substantial compliance with the Constitution and the law. The court found that while there were irregularities in the voter registration process, tallying, and use of technology, these were not so substantial as to affect the credibility or outcome of the election. The legal burden of proof lay with the petitioners, who failed to demonstrate that any non-compliance materially affected the results. The court clarified that only valid votes are to be considered in determ…
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