JOHN HARUN MWAU, NJONJO MUE & KHELEF KHALIFA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, CHAIRPERSON OF INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & UHURU KENYATTA

JUDGMENT OF THE COURT

A. TWO PRESIDENTIAL ELECTION PETITIONS: BACKGROUND

[1] On 8^th August 2017, Kenya held its second general election under its 2010 Constitution, the Hon. Uhuru Muigai Kenyatta, the 3^rd respondent, being declared the winner of the Presidential election. The Hon. Raila Amolo Odinga and the Hon. Stephen Kalonzo Musyoka, who had contested as Presidential and Deputy-Presidential candidates respectively, challenged the election, in Raila Amolo Odinga and Another v. The Independent Electoral and Boundaries Commission and 2 Others, Presidential Election Petition No. 1 of 2017, (hereinafter Raila 2017). In a decision rendered on 1^st September, 2017, with reasons reserved and delivered on 20^th September, 2017, this Court, by a majority of four-to-two, nullified that election and, pursuant to Article 140(3) of the Constitution, directed the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh Presidential election within 60 days. IEBC conducted a fresh Pres…