Kenya Election Judgment – 20th September 2017

Read the full text of the judgment giving the reasons of the Kenya Supreme Court for its decision setting aside the election of Uhuru Kenyatta as President of Kenya.  The final orders of the court are set out at the end of the judgment, as follows:
[405] By a majority of four (with J. B. Ojwang and N. S. Ndungu, SCJJ dissenting), we make the following final Orders:
(i) A declaration is hereby issued that the PresidentialElection held on 8th August, 2017 was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void; 
(ii) A declaration is hereby issued that the irregularities and illegalities in the Presidential election of 8th August, 2017 were substantial and significant that they affected the integrity of the election, the results not- withstanding. 
(iii) A declaration is hereby issued that the 3rd respondent was not validly declared as the President elect and that the declaration is invalid, null and void; 
(iv) An Order is hereby issued directing the 1st respondent to organize and conduct a fresh Presidential Election in strict conformity with the Constitution and the applicable election laws within 
60 days of the determination of 1st September 2017 under Article 140(3) of the Constitution. 
(v) Regarding costs, each party shall bear its own costs. 
DATED and DELIVERED at NAIROBI this 20th Day of September 2017.


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