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Patricia Cherotich Sawe v. Independent Electoral & Boundaries Commission & United Republican Party (URP)

(2014) JELR 94629 (CA)

Court of Appeal  •  Civil Appeal 178 of 2013  •  7 Feb 2014  •  Kenya

Coram
Wanjiru Karanja, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The Constitution of Kenya 2010 brought with it a broad spectrum of changes in all aspects of the political and socio-economic lives of citizens of this country. With the Constitution came an overhaul of the electoral laws which were to be applied in the first general elections to be held under the said Constitution on 4th of March 2013. Some of these laws are embodied in the Constitution itself while others are to be found in legislation like the Elections Act and Rules and the Political Parties Act. All these laws were meant to ensure and forster free and fair elections which is a core value in every democracy.

The first elections under the new Constitution were expected to mirror all the core values set out in the Constitution as a reflection of what the Kenyan citizenry had aspired for over the two decades that preceded the promulgation of the said Constitution.

The new constitutional dispensation also brought with it a gamut of dispute resolution mechanisms at e…

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