Case Search

Download PDF

RAILA ODINGA & 2 OTHERS V INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 OTHERS[2013]eKLR

REPUBLIC OF KENYA

Supreme Court of Kenya

Petition 5, 4 & 3 of 2013

RAILA ODINGA ……………………………………...……………………….......………..1ST PETITIONER

MOSES KIARIE KURIA                     

DENIS NJUE ITUMBI.......................………………...…………………….………………2ND PETITIONER

FLORENCE JEMATIAH SERGON  

GLADWELL WATHONI OTIENO     

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 NO. 3 OF 2013

MOSES KIARIE KURIA ……………………........……………………………...............….1ST PETITIONER

DENIS NJUE ITUMBI ……………………........………………………..........................….2ND PETITIONER

FLORENCE JEMATIAH SERGON ……..........……………………..…………...................3RD PETITIONER

VERSUS

AHMED ISSACK HASSAN ……………..............………………………………...............…2ND RESPONDENT

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ….................................1ST RESPONDENT

AND
 CONSOLIDATED WITH PETITION NO.4 OF 2013

GLADWELL WATHONI OTIENO ………………...........…………………….....................…1ST PETITIONER

ZAHID RAJAN …………………………........…………………………............................…2ND PETITIONER

VERSUS

AHMED ISSACK HASSAN …………….............…………………………….................…2ND RESPONDENT

UHURU KENYATTA ………………………................……………………………................3RD RESPONDENT

WILLIAM SAMOEI RUTO …………………..............………………………..............…….4TH RESPONDENT

                                                                                                                ORDER OF THE COURT

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 4th 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; it is the decision of the court that the said elections were indeed conducted in compliance with the Constitution 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 4th March 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.

 

……………………………….…..                   …………………………………..

W.M. MUTUNGA                                                          P.K. TUNOI

CHIEF JUSTICE & PRESIDENT                   JUSTICE OF THE SUPREME COURT

OF THE SUPREME COURT
 

………………………………………               ……………………………………... 

       M.K. IBRAHIM                                                           J.B. OJWANG

JUSTICE OF THE SUPREME COURT            JUSTICE OF THE SUPREME COURT     

    
...................................................                          ............................................

     S.C. WANJALA                                                          N.S. NDUNGU

JUSTICE OF THE SUPREME COURT           JUSTICE OF THE SUPREME COURT     
 
 

I certify that this is a true Copy of the original

 

REGISTRAR

SUPREME COURT OF KENYA

Download PDF