RAILA AMOLO ODINGA & STEPHEN KALONZO MUSYOKA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, CHAIRPERSON, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & H. E. UHURU MUIGAI KENYATTA

JUDGMENT

A. INTRODUCTION

[1] Kenya is a Sovereign Republic and a Constitutional democracy founded on national values and principles of governance in Article 10 of her Constitution. All sovereign power in the Republic is reserved to her people but delegated to “Parliament and legislative assemblies in the County Governments; the national executive and the executive structures in the County Governments; and the Judiciary and the independent tribunals.”^[1] In the election of her representatives, Kenya holds general elections on the second Tuesday of August in every fifth year.^[2]

[2] On 8^th August, 2017, Kenya held her second general election under the Constitution 2010 and Kenyans from all walks of life trooped to 40,883 polling stations across the country to exercise their rights to free, fair and regular elections under Article 38(2) of the Constitution. That date is significant because it was the first time that a general election was being held pursuant to Article 101(1) of the Constit…