August 2017 Presidential Election Petition


August 2017 Presidential Election Petition

No.

Election Pet. No.

Petitioner(s)

Respondent(s)

Applications

Court Decisions

1

Presidential Petition 1 of 2017

Raila Amolo Odinga & Stephen Kalonzo Musyoka

Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta

Petition

Presidential Election held on 8th August 2017 declared invalid, null and void. IEBC ordered to conduct a fresh Presidential Election within 60 days. Determination Dated 1st September 2017

Judgement Dated 20th September 2017

Application seeking Orders to clarify Judgement delivered on 20th September, 2017
2 Raila Amolo Odinga & another Independent Electoral and Boundaries Commission Chairman (IEBC) & another [2017]eKLR IEBC Chairman Application by way of Notice of Motion seeking Orders for the Honourable Court to correct/or clarify its Judgement delivered on 20th September, 2017

-Which results as between the tallies contained in Forms 34B submitted by the Returning Officers to the National Tally Centre and the totals of Forms 34A as verified by 1st and 2nd respondents, the 2nd respondent should use in declaring the results of the presidential election? -Forms 34B should be used in declaring the results of the presidential election

-Whether the 1st and 2nd respondents can correct errors identified in Forms 34B and/or amend the Forms 34B where the same differ with results contained in the relevant Forms 34A after the verification exercise ? The 1st and 2nd respondents cannot correct errors identified in Forms 34B or amend the Forms 34B. Ruling Dated 17th October 2017.

Pre-trial Applications

1

Petition 1 of 2017

Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta Petitioners Application

Application for scrutiny and audit of the system and technology used by the 1st respondent in the Presidential Election including but not limited to the KIEMS Kits, the Server(s); website/portal” allowed. Ruling Dated 28th August 2017

2 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta 3rd respondent Application Application to strike out from the Court record documents which were not served to the 3rd respondent dismissed. Ruling Dated 27th August 2017
3 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta 1st respondent Application 1st respondent Application to expunge documents from the Court record dismissed. Ruling Dated 27th August 2017
4 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission, Chairperson, Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta Petitioners Application Application to strike out and/or expunge from the Court record documents filed by the 1st, 2nd and 3rd respondents dismissed. Ruling Dated 27th August 2017
5

Raila Amolo Odinga & Stephen Kalonzo Musyoka

Independent Electoral and Boundaries Commisson, Chairperson - Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Aluoch Polo Aluochier

Aluoch Polo Aluochier Application

Application to be joined as an interested party dismissed. Ruling Dated 27th August 2017

6

Raila Amolo Odinga & Stephen Kalonzo Musyoka

Independent Electoral and Boundaries Commission ,Chairperson of the Independent, Electoral and Boundaries Commission , Uhuru Muigai Kenyatta & Benjamin Barasa Wafula

Benjamin Barasa Wafula
Application

Application for Interested Party dismissed. Ruling Dated 27th August 2017

7

Raila Amolo Odinga & Stephen Kalonzo Musyoka

Independent Electoral and Boundaries Commission, Chairperson of The Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Information Communication Technology Association (ICTAK) ( as Amicus Curiae)

Information Communication Technology Association (ICTAK) Application

Application to be enjoined as Amicus Curiae dismissed. Ruling Dated 27th August 2017

8

Raila Amolo Odinga & Stephen Kalonzo Musyoka

Independent Electoral and Boundaries Commission, Chairperson Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Law Society of Kenya

Law Society of Kenya (LSK) Application

Application for admission as amicus curiae allowed . Ruling Dated 27th August 2017

9 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission,Chairperson Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta & Charles Kanjama Charles Kanjama Application

Application for Amicus Curiae dismissed. Ruling Dated 27th August 2017

10 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission,Chairperson Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta & Michael Wainaina Mwaura Michael Wainaina Mwaura Application Application to be enjoined as Amicus Curiae allowed. Ruling Dated 27th August 2017
11 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission,Chairperson Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta & Ekuru Aukot Ekuru Aukot Application Application for joinder as an interested party allowed. Ruling Dated 27th August 2017
12 Raila Amolo Odinga & Stephen Kalonzo Musyoka Independent Electoral and Boundaries Commission,Chairperson Independent Electoral and Boundaries Commission & Uhuru Muigai Kenyatta & Attorney General Attorney General Application Application by the Hon. Attorney General to be enjoined as Amicus Curiae allowed. Ruling Dated 27th August 2017