ZAHEER JHANDA & JAMES F. O. KENANI V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, JULIUS MEJA OKEYO, RICHARD NYAGAKA TONGI & CHRIS MUNGA N. BICHAGE

JUDGMENT OF THE COURT

Kenya is a sovereign and democratic Republic predicated upon democracy, human rights and the rule of law. Article 1(1) of the Constitution reinforces the sovereign power of the people of Kenya, when it proclaims that all sovereign power belongs to the people and shall only be exercised in accordance with the Constitution. By virtue of Article 1(2), such power may be exercised by the people either directly or through their democratically elected representatives. Articles 38(2) and 81(e) of the Constitution envisage democratically elected representatives being chosen through free, fair and regular elections based on universal suffrage, whose hallmark is an election by secret ballot, free from violence, intimidation, improper influence and corruption, conducted by an independent, impartial, and neutral body in an efficient, accurate and accountable manner.

An election therefore is an expression of the will of the people which must be protected and respected. As was st…