RAILA AMOLO ODINGA & ANOTHER V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, CHAIRPERSON, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & UHURU MUIGAI KENYATTA

DETERMINATION OF PETITION WITHOUT REASONS

(Pursuant to Rule 23(1) of the Supreme Court (Presidential Election Rules) 2017

[1] The hearing of this Petition was concluded on Tuesday, 29^th August 2017 well after 9.00 p.m. The Judges thereafter retreated to deliberate on the following issues for determination as crafted by the court:

(i) Whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections.

(ii) Whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election.

(iii) If there were irregularities and illegalities, what was their impact, if any, on the integrity of the election?

(iv) What consequential orders, declarations and reliefs should this court grant, if any?

[2] Having carefully considered the above issues, the following is the majority decision of the court with two Judges (J.B Ojwang and N. S. Ndung’u SCJJ) dissenting):

i. As to whether the 2017 Pr…