![]() Reported By Long’et Terer & Njeri Githang’aĮlectoral law – presidential election –repeat presidential election-validity of a presidential election-petition challenging the validity of the president elect after a repeat election-allegations of non-compliance with the Constitution and electoral laws- allegations of various irregularities and illegalities during the conduct of the elections –what were the principles of free and fair elections -whether the Presidential Election was conducted in accordance with the principles laid down in the Constitution of Kenya, 2010 and the written laws relating to elections- whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election and if in the affirmative, what was their impact, if any, on the integrity of the election- Constitution of Kenya, 2010, articles 81, 86,138Įlectoral Law -presidential elections-withdrawal of a presidential candidate-withdrawal before a repeat election-manner in which such withdraw should be made-what was the legal effect of the withdrawal of a Presidential election candidate before election- in determining the legal effect of withdrawal by a candidate before an election, what guidance was to be drawn from the pronouncements of the Supreme Court in Raila 2013- Elections (General) Regulations, 2017 Regulation 52Įlectoral law- presidential elections-conduct of presidential elections- constitutional threshold of a free and fair election -whether the election conducted on 26 th October, 2017 met the constitutional threshold of a free and fair election under article 81 of the Constitution-what are the legal consequences of not holding a Presidential election in each constituency under article 138(2) of the Constitution-whether the election held on 26 th October, 2017 and its results, was legitimate and credible, both in fact and in law- Constitution of Kenya, 2010 articles 81and 138(2) John Harun Mwau and 2 others v Independent Electoral and Boundaries Commission & 4 others eKLRĭ Maraga, CJ P Mwilu, DCJ J B Ojwang, S C Wanjala, S N Ndung’u & I Lenaola, ScJJ ![]() Julie Soweto for the 2nd & 3rd Petitioners,įresh nomination was not required for the purposes of the Repeat Presidential election held on October 26, 2017 ![]() John Harun Mwau & 2 others v Independent Electoral and Boundaries Commission & 2 others eKLR John Harun Mwau, Njonjo Mue & Khelef Khalifa v Independent Electoral and Boundaries Commission, Chairperson of Independent Electoral and Boundaries Commission & Uhuru Kenyattaĭavid Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu ![]()
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