Raila v IEBC (2017)

Last updated
Raila Odinga v IEBC
Supreme Court of Kenya.JPG
Court Supreme Court of Kenya
Full case nameRaila Amolo Odinga & Stephen Kalonzo Musyoka v Independent Electoral and Boundaries Commission, Chairperson Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta (Election Petition 1 of 2017) [2017] KESC 31 (KLR)
StartedAugust 18, 2017
DecidedSeptember 1, 2017 (2017-09-01)

Raila Odinga & another v Independent Electoral and Boundaries Commission & others [2017] KESC 31 (KLR) [1] was a landmark decision by the Supreme Court of Kenya that nullified the presidential results of the 2017 General Elections in Kenya. The petition was brought forward by Raila Odinga and Kalonzo Musyoka, the National Super Alliance (NASA) candidates, challenging the legitimacy of Kenya's August 8, 2017, presidential election. They claimed that the Independent Electoral and Boundaries Commission (IEBC) and its chairperson, Wafula Chebukati, as well as Uhuru Kenyatta, the incumbent president and Jubilee Party candidate, committed irregularities during the election. They sought to overturn the election results and demanded a new election be conducted. [2]

Contents

On September 1, 2017, the Supreme Court of Kenya issued decision, annulling the presidential election by a vote of four judges to two. The court determined that there were significant failures in the transmission of results from polling stations to constituency tallying centers and the national tallying center, which jeopardized the election's integrity. The court also found that the IEBC did not follow constitutional and statutory provisions for election administration. The court ordered that a new presidential election be held within 60 days in accordance with the constitution . [3]

Background of the case

The petitioners were Raila Odinga, former prime minister of Kenya and presidential candidate for the National Super Alliance (NASA), a coalition of several opposition parties that formed ahead of the 2017 general elections. His running mate was Stephen Kalonzo Musyoka, former vice president and leader of the Wiper Democratic Movement. The respondents in the petition were the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, the chairperson of IEBC; and Uhuru Kenyatta, the incumbent president and candidate of Jubilee Party, another coalition of several parties that supported his re-election bid. [4]

The presidential election was conducted on August 8, alongside five other elections for members of parliament, senators, governors, county assembly members, and women representatives. According to IEBC’s official results announced on August 11 by Chebukati, Kenyatta won the presidential election with 8,203,290 votes (54.27%), followed by Odinga with 6,762,224 votes (44.74%). The voter turnout was reported as 79.5%. Chebukati declared Kenyatta as the duly elected president and issued him with a certificate. However, these results were rejected by NASA who claimed that they were manipulated by IEBC in favor of Kenyatta. [5] [6]

Hearing the case

Between August 26 and August 29, the Supreme Court heard oral arguments from all parties. The court also ordered IEBC to provide all parties with access to its servers and original result forms for review. IEBC, on the other hand, failed to fully comply with this order, citing technical difficulties and security concerns. [7]

Supreme Court decision

On September 1, the Supreme Court delivered its judgment by a majority of four judges to two. The court found that there were substantial failures in the transmission of results from polling stations to constituency tallying centers and to the national tallying center, which affected the integrity of the election. The court also found that IEBC failed to comply with constitutional and statutory provisions on conducting elections, such as using biometric technology for voter identification; transmitting provisional results electronically; publishing scanned images of result forms online; and verifying final results using original forms.The court held that these failures violated Article 81(e) of the Constitution, which requires elections to be free, fair, transparent, verifiable, accountable, accurate, secure, efficient, and credible. The court also held that these failures affected Article 86(a) of the Constitution, which requires elections to be simple, accurate, verifiable, secure, accountable and transparent. The court further held that these failures invalidated the declaration of Kenyatta as the winner of the presidential election by Chebukati under Section 39(1)(i) of the Elections Act. The court reasoned that Chebukati did not have sufficient evidence to support his declaration based on incomplete and unverified results. [8] [9]

The court concluded that these failures affected the outcome of the presidential election in a significant way. The court noted that it was not necessary for it to determine whether there was any hacking or manipulation of IEBC’s servers or result forms by any party, as alleged by NASA. The court also noted that it was not necessary for it to determine whether Kenyatta engaged in any electoral malpractices, as alleged by NASA. [10]

The court therefore nullified the presidential election under Article 140(2) (a) of the Constitution. The court ordered IEBC to conduct a fresh presidential election within 60 days in accordance with Article 140(3) (a) of the Constitution and applicable laws. The court also ordered IEBC to ensure compliance with constitutional principles and statutory provisions on conducting elections. [11] [12]

Reception

Following the ruling, NASA supporters celebrated and rejoiced across the country [13] . International media outlets reacted as well, praising the Supreme Court and Kenya for their commitment to democracy. The New York Times described it as "a surprise ruling that nullified the re-election of a sitting president" and "a rare example of a judicial check on executive power," [14] while The Guardian described it as "a watershed moment for African democracy" and "a stunning rebuke to Kenya's political establishment" [15] ; The Washington Post, too, lauded it as "a remarkable display of judicial independence" and "a victory for the rule of law," [16] and The BBC, which noted that it was “the first time in Africa that a court has ruled against the electoral victory of an incumbent based on a challenge by the opposition” and “a landmark in African history”. [17]

Related Research Articles

<span class="mw-page-title-main">Uhuru Kenyatta</span> President of Kenya from 2013 to 2022

Uhuru Muigai Kenyatta is a Kenyan politician who served as the fourth president of Kenya from 2013 to 2022.

<span class="mw-page-title-main">Elections in Kenya</span> Political elections for public offices in Kenya

Elections in Kenya take place within the framework of a multi-party democracy and a presidential system. The President, Senate and National Assembly are directly elected by voters, with elections organised by the Independent Electoral and Boundaries Commission (IEBC).

<span class="mw-page-title-main">William Ruto</span> President of Kenya since 2022

William Kipchirchir Samoei Arap Ruto is a Kenyan politician who is serving as the fifth and current president of Kenya since 13 September 2022. Prior to becoming president, he served as the first deputy president of Kenya from 2013 to 2022. Previously, holders of the position were referred to as Vice President. He previously served in several cabinet portfolio such as the Minister for Home Affairs, the Minister of Agriculture and as Minister for Higher Education.

<span class="mw-page-title-main">Raila Odinga</span> Prime Minister of Kenya from 2008 to 2013

Raila Amolo Odinga is a Kenyan politician who served as the Prime Minister of Kenya from 2008 to 2013. He served as the Member of Parliament (MP) for Langata Constituency from 1992 to 2013 and has been the Leader of Opposition in Kenya since 2013. He is the leader of Azimio la Umoja–One Kenya Coalition Party.

<span class="mw-page-title-main">Wiper Democratic Movement – Kenya</span> Kenyan political party

The Wiper Democratic Movement–Kenya (WDM-K), formally Orange Democratic Movement–Kenya (ODM–Kenya), is a political party in Kenya, which originated as a result of the 2005 Kenyan constitutional referendum. It is headed by Kalonzo Musyoka, who ran for president in 2007 and served as the vice-president in the Grand Coalition of Mwai Kibaki and Raila Odinga. He is now a member of the main opposition NASA.

<span class="mw-page-title-main">2013 Kenyan general election</span> 2013 General Elections in Kenya

General elections were held in Kenya on 4 March 2013. Voters elected the President, members of the National Assembly and newly formed Senate. They were the first elections held under the new constitution, which was approved in a 2010 referendum, and were also the first run by the new Independent Electoral and Boundaries Commission (IEBC). They coincided with the 2013 Kenyan local elections.

<span class="mw-page-title-main">Independent Electoral and Boundaries Commission</span> Electoral commission of Kenya

The Independent Electoral and Boundaries Commission (IEBC) is an independent regulatory agency that was founded in the year 2011 through the making of the Constitution of Kenya. The Commission is responsible for conducting or supervising referendums and elections to any elective body or office established by the Constitution, and any other elections as prescribed by an Act of Parliament. It was created in a provision of the 2010 constitution and the Independent Electoral and Boundaries Commission Act. Its mandate includes "the continuous registration of voters and revision of the voter's roll, the delimitation of constituencies and wards, the regulation of political parties process, the settlement of electoral disputes, the registration of candidates for elections, voter education, the facilitation of the observation, monitoring and evaluation of elections, the regulation of money spent by a candidate or party in respect of any election, the development of a code of conduct for candidates and parties, [and] the monitoring of compliance with legislation on nomination of candidates by parties."

<span class="mw-page-title-main">Supreme Court of Kenya</span> Highest court in Kenya

The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country.

Smokin Wanjala is a Kenyan lawyer and a justice of the Supreme Court of Kenya. He holds a Ph.D. in law from University of Ghent, Belgium. He also holds a Master of Laws degree from the Columbia University in the United States and a Bachelor of Laws (LLB) degree from the University of Nairobi. Wanjala lectured at the University of Nairobi for 15 years, where he taught international law, international human rights law, land law and criminal law.

<span class="mw-page-title-main">Miguna Miguna</span> Canada-based Kenyan attorney and politician

Miguna Miguna is an Advocate of the High Court of Kenya. He practices law as an attorney, a barrister and solicitor in Toronto, Canada. Miguna served as a senior adviser to former Kenyan Prime Minister Raila Odinga from 2009 to 2011.

The Kenya Presidential Election Petition of 2013 was an election petition aiming to declare the Kenya presidential election 2013 invalid. The Petition was filed at the Supreme Court of Kenya on 16 March 2013.

<span class="mw-page-title-main">2017 Kenyan general election</span>

General elections were held in Kenya on 8 August 2017 to elect the President, members of the National Assembly and Senate. They coincided with the 2017 Kenyan local elections which elected Governors and representatives in the devolved governments.

<span class="mw-page-title-main">Jubilee Party</span> Nationalist political party in Kenya

The Jubilee Party of Kenya was the ruling political party of the Republic of Kenya from 2016 until 13 September 2022. The party was founded on 8 September 2016, following the merger of 11 smaller parties. During the 2017 election, the Jubilee Party secured a plurality of seats in Parliament and the party leader, Uhuru Kenyatta, was re-elected president.

<span class="mw-page-title-main">October 2017 Kenyan presidential election</span> Kenyan presidential election

Presidential elections were held in Kenya on 26 October 2017 following the Supreme Court's annulment of the results of the presidential vote in the August 2017 general elections. The election was won by incumbent president Uhuru Kenyatta of the Jubilee Party, who won 98.3% of the popular vote to defeat Raila Odinga of the Orange Democratic Movement (ODM).

Roselyn Kwamboka Akombe is a Kenyan former commissioner of the Independent Electoral and Boundaries Commission (IEBC) of Kenya. Dr. Akombe is of the enigmatic Abagussi tribe and is fondly referred to as mama kayai junior.

Esther Nyaiyaki, is a Kenyan lawyer who works as a Registrar in the Kenya Judiciary. She served as the Registrar of the Supreme Court of Kenya from February 2013 to December 2021 and was involved in handling the petition that led to the annulment of the election of Uhuru Kenyatta as president of Kenya, in August 2017. She serves as a Registrar in the Office of the Chief Registrar of the Judiciary from January 2022.

<span class="mw-page-title-main">2018 Kenya handshake</span> Kenyan 2018 handshake between two leading political factions

The 2018 Kenya handshake was a political truce made on 9 March 2018 between the then Kenyan President, Uhuru Kenyatta and former Kenyan Prime Minister, Raila Odinga. The two had been the leaders of opposing political factions amidst widespread political violence and civil unrest, and they had faced one another in the contested 2017 Kenyan general election. Under the "handshake" agreement, both figures agreed to end their political feud.

<span class="mw-page-title-main">2022 Kenyan general election</span>

General elections were held in Kenya on Tuesday, 9 August 2022. Voters elected the president, governors, senators, members of the National Assembly, and members of county assemblies.

<span class="mw-page-title-main">2021 Kenyan constitutional referendum attempt</span> 2021 political related event

The Building Bridges Initiative (BBI) was a proposed set of amendments to the Constitution of Kenya initially proposed in October 2019. In the wake of the 2017 general election annulment and subsequent re-run, incumbent President Uhuru Kenyatta mandated the formation of the Presidential Taskforce on Building Bridges to Unity Advisory on 31 May 2018. The Taskforce was assigned to provide constitutional and legislative solutions in 9 broad categories:

  1. Lack of National Ethos
  2. Ethnic Antagonism and Competition
  3. Responsibilities and Rights
  4. Shared Prosperity
  5. Divisive Elections
  6. Safety and Security
  7. Devolution
  8. Corruption
  9. Inclusivity

David Ndii & Others V. Attorney General & Others also known as the BBI Judgement was a landmark ruling made in the Kenya High Court on 13 May 2021, declaring an injunction on Kenya's Independent Electoral and Boundaries Commission (IEBC) from proceeding with President Uhuru Kenyatta's and retired Prime Minister Raila Odinga's Building Bridges Initiative. The five-judge bench was to determine seventeen questions raised on the petition against the BBI Process.

References

  1. ↑ "Election Petition 1 of 2017 - Kenya Law". kenyalaw.org. Retrieved 2023-03-06.
  2. ↑ Freytas-Tamura, Kimiko de (2017-09-01). "Kenya Supreme Court Nullifies Presidential Election". The New York Times. ISSN   0362-4331 . Retrieved 2023-03-06.
  3. ↑ "Supreme Court quashes Uhuru Kenyatta's re-election". Nation. 2020-06-28. Retrieved 2023-03-06.
  4. ↑ "Kenya's Supreme Court just overturned their presidential election". The Independent. 2017-09-01. Retrieved 2023-03-06.
  5. ↑ "Supreme Court quashes Uhuru Kenyatta's re-election". Nation. 2020-06-28. Retrieved 2023-03-06.
  6. ↑ Sevenzo, Laura Smith-Spark,Farai (2017-09-01). "Kenya Supreme Court nullifies presidential election, orders new vote". CNN. Retrieved 2023-03-06.
  7. ↑ https://allafrica.com/stories/201708290729.html.{{cite web}}: Missing or empty |title= (help)
  8. ↑ Freytas-Tamura, Kimiko de (2017-09-01). "Kenya Supreme Court Nullifies Presidential Election". The New York Times. ISSN   0362-4331 . Retrieved 2023-03-06.
  9. ↑ Asamba, Mercy. "Reasons why presidential election was declared invalid, court gives full verdict". The Standard. Retrieved 2023-03-06.
  10. ↑ "Kenyan Supreme Court nullifies Kenyatta's re-election, orders new vote". France 24. 2017-09-01. Retrieved 2023-03-06.
  11. ↑ "Election Petition 1 of 2017 - Kenya Law". kenyalaw.org. Retrieved 2023-03-06.
  12. ↑ "Kenyan Supreme Court nullifies Kenyatta's re-election, orders new vote". France 24. 2017-09-01. Retrieved 2023-03-06.
  13. ↑ Sevenzo, Laura Smith-Spark,Farai (2017-09-01). "Kenya Supreme Court nullifies presidential election, orders new vote". CNN. Retrieved 2023-03-06.
  14. ↑ Freytas-Tamura, Kimiko de (2017-09-01). "Kenya Supreme Court Nullifies Presidential Election". The New York Times. ISSN   0362-4331 . Retrieved 2023-03-06.
  15. ↑ Burke, Jason; correspondent, Jason Burke Africa (2017-09-01). "Kenyan supreme court annuls Uhuru Kenyatta election victory". The Guardian. ISSN   0261-3077 . Retrieved 2023-03-06.
  16. ↑ The Washington Post https://www.washingtonpost.com/news/monkey-cage/wp/2017/09/05/heres-how-the-supreme-court-of-kenya-became-one-of-the-most-powerful-courts-in-the-world/.{{cite news}}: Missing or empty |title= (help)
  17. ↑ "Kenya presidential election cancelled by Supreme Court". BBC News. 2017-09-01. Retrieved 2023-03-06.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.