RAILA ODINGA & 2 OTHERS V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, AHMED ISSACK HASSAN, UHURU KENYATTA & WILLIAM SAMOEI RUTO

RULING OF THE COURT

A. BACKGROUND

[1] Following the March 4^th, 2013 General Elections pursuant to which the Chairman of the Independent Electoral and Boundaries Commission (IEBC), Mr. Issack Hassan declared Mr. Uhuru Kenyatta as the (then) President-elect, three Presidential Election Petitions namely, Petition No. 3 of 2013, Petition

No. 4 of 2013 and Petition No. 5 of 2013, were filed before the Supreme Court.

[2] On 25^th March, 2013 the Court consolidated the three Petitions and ordered that Petition No. 5 of 2013, Raila Odinga and 5 Others v. Independent Electoral and Boundaries Commission and 3 others, be deemed to be the pilot file.

[3] The Petition, not surprisingly, elicited keen public interest and generated endless media coverage and commentary. Amidst this highly charged environment, on 20^th March, 2013, the Court deemed it fit to issue certain directions, in the interests of justice, and for the efficient, effective, transparent and impartial determination of the Presidential El…