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Raila Odinga v Independent Electoral and Boundaries Commission

Judicial Review and Separation of Powers

Raila Odinga v Independent Electoral and Boundaries Commission was a 2017 decision of the Supreme Court of Kenya annulling the results of that year's presidential election, finding that the Independent Electoral and Boundaries Commission had committed irregularities in the transmission and verification of results that rendered the election not free, fair and verifiable, and ordering a fresh election within sixty days. It was the first time a court in Africa had annulled the election of a sitting president or president elect, and remains one of only a small number of such rulings anywhere in the world.

Facts
Decision Year
2017 2
Decision Date
2017-09-01 2
Filed Date
2017-08-18 2
Holding
The Supreme Court annulled the August 2017 presidential election because of significant failures in the transmission of results, and ordered a new presidential election within 60 days. 1
Current Status
Decided; the election was annulled and a fresh election ordered. 1
Case Status
Case Status (category)
Decided 1
FAQs

What did the Kenyan Supreme Court decide in Raila Odinga v IEBC?

It annulled the August 2017 presidential election and ordered a new one within 60 days.

The petition was filed on August 18, 2017, and the Supreme Court issued its decision on September 1, 2017, when it annulled the presidential election by a four-to-two vote. The court ordered that a new presidential election be held within 60 days in accordance with the constitution.

Why was the 2017 Kenyan presidential election annulled?

Significant failures in the transmission of results.

The court determined that there were significant failures in the transmission of results from polling stations to constituency tallying centers and the national tallying center.
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Sources
1. 2017 Kenyan presidential election petition (Wikipedia)
  • Judgment, findings on transmission of results
    The court determined that there were significant failures in the transmission of results from polling stations to constituency tallying centers and the national tallying center, which jeopardized the election's integrity.
  • Judgment, order for a new election
    The court ordered that a new presidential election be held within 60 days in accordance with the constitution.
View the Source
2. Raila v IEBC (2017) (Wikipedia)
  • Lead paragraph
    The petition was filed on August 18, 2017, and the Supreme Court issued its decision on September 1, 2017, when it annulled the presidential election by a four-to-two vote.
  • Infobox: start date
    August 18, 2017
  • Infobox: date decided
    September 1, 2017
View the Source
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