Unanswered questions: A critical examination of the Supreme Court of Kenya’s jurisprudence on presidential election petitions

A distinctive feature of the design of the electoral system in the 2010 Constitution is the Constitutional entrenchment of an array of electoral principles that form the normative foundation for the conduct of elections in Kenya.1 Article 81 of the Constitution establishes the principle of “free and fair elections” as the cornerstone of electoral system in the country. This provision constitutionalizes and describes the environment in which election are to be conducted.2 Article 86 of the Constitution, makes provisions for the means through which elections are conducted on the voting day, whatever voting method is used, the requirement is the system must be simple, accurate, verifiable, secure, accountable and transparent.3 The Supreme Court since its inception has developed and continued to enrich the jurisprudence on presidential election petitions, primarily grounded on Article 140 of the Constitution. Through landmark and precedence setting decisions the court has underscored its critical role in safeguarding electoral integrity and principles and upholding constitutionalism. Kenyans’ have participated in three general elections since the promulgation of the 2010 Constitution...Read more