RAILA ODINGA & 5 OTHERS V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 OTHERS

JUDGMENT

A. THE PRESIDENTIAL ELECTION OF 4^TH MARCH, 2013:

INTRODUCTION

[1] On the 4^th of March, 2013, Kenya held its first General Election since the promulgation of the new Constitution on 27^th August 2010. The Constitution was a culmination of the efforts of the Kenyan people to bring about a more progressive governance set-up. Kenyans affirmed the new Constitution as the supreme law of the Republic, which binds all persons and all State organs.

[2] All powers to be exercised in public functions, therefore, must flow from the Constitution. Indeed, judicial authority, under Article 159 (1) of the Constitution, is derived from the people and vests in, and shall be exercised by the courts and tribunals established under this Constitution. Additionally, national values and principles of governance, as set out in Article 10 of the Constitution, underpin the conduct of governance in every respect.

[3] The Independent Electoral and Boundaries Commission (IEBC) was created by Article 88 of the C…