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The Kenya Presidential Election Petition 2013 was an election petition that was aiming at declaring the Kenya presidential election 2013 null and void. The Petition was filed at the Supreme Court of Kenya on the 16th of March 2013.

The main petitioner Raila Odinga in a press conference shortly after the results were announced on 9 March in a Speech he titled 'democracy on trial' noted that the election had been marred by massive failures by the BVR kits, Pollbooks, tallying system and transmissions system. He claimed that the manual tallying was suspect leaving him no choice but to contest the result in Kenya's highest court, The Supreme Court.


After the 2007 general election and the chaos that followed, Kenya came up with a new constitution that was promulgated on 27 August 2010 that detailed on how any future dispute concerning election will be solved. The major avenue of this was to set up Supreme court that will hear all issue regarding presidential election and make a ruling. Its decision is final.


The following are the current members of the Supreme Court [1]


The cases filed in supreme court were three;[2]

  • The first was filed by Dennis Itumbi, Moses Kuria & Florence Sergon. They wanted the court ruling on how the rejected vote should be dealt with. They were represented in court by Lawyer Njoroge Regeru
  • The Second was filed by Africa Centre for Open Governance (Africog). They were represented by lawyer Kethi Kilonzo. The petitioner in this case was Gladwell Otieno and Zahid Rajan
  • The Third was filed by Raila Odinga. He was represented by lawyer George Oraro

All above cases were consolidated and heard at the same time.

The respondents were;

  • Uhuru Kenyatta as the beneficiary of flawed presidential election as president elect, represented by Fred Ngatia.
  • William Ruto as the beneficiary of flawed presidential election as deputy president elect represented by Mr. Kigen.

Other organisations and entities that wanted to be included as amicus curiae were;

  • Katiba Institute - Prof Yash Pal Ghai was declined to participate
  • Law Society of Kenya - was declined to participate

Pretrial Hearing[edit]

During the status conference judges decided on major issue brought up by the lawyers.

The court rejected 900 pages affidavit to support Raila`s position since it was time barred.[3] Also refused them a chance to audit the ICT system of IEBC citing that the process was time consuming.[4] The court also rejected Africog request that IEBC produce all register that were used to identify voter at polling station citing time limit of 7 days to hear and rule the case.[5]

The court had also rejected LSK and Katiba institute a chance to be Amicus curiae as they were seemed partisan to Uhuru Kenyatta and william Ruto. But attoney general Githu Muigai was allowed

Case Hearing[edit]

Africog petition sought to demonstrate that constitutional and legal safeguards on the election process were so breached that the accuracy and legitimacy of the electoral outcomes was laid open to question. They sought to demonstrate that the electoral process was neither accountable nor transparent and its results are, therefore, non-verifiable.[6]

Raila`s petition sought to bring out the difference of actual registered voter, use of Green Book and introduction of Special register. He also sought to bring attention of technological failure that cast doubt on provisional result and breakdown of BVR Kit at polling day. He also alleged massive electoral fraud and malpractice occurred that helped his opponent to win. He claimed that IEBC server and TNA server were hosted by KENCALL using same IP address.,[7][8]

During the case closing Lawyer for IEBC chairman Ahmednasir Abdullahi coined the term Raila Doctrine that state that an election can never be free and/or fair unless Raila Odinga wins the election;[9]

Case ruling[edit]

The case was decided unanimously by the six sitting judges.;[10]

  • The elections were indeed conducted in compliance with the Constitution and the law.
  • That Uhuru Kenyatta and William Ruto were validly elected
  • That rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.

The final judgement was issued on 16th April 2013. The ruling in full can be downloaded here [11]

Other Issue[edit]

The court ruled that all members are to pay for their own cost.[12]


After the supreme court gave its ruling on 30 March, both Uhuru and Raila accepted the ruling.

In a televised speech, Uhuru said that "judgment upholding his election as the fourth President of Kenya is a victory to all Kenyans". He also said that his administration will be an all inclusive one and nobody should feel isolated. He further extended an olive branch to his major competitor, Raila Odinga.[13]

In his concession speech, Raila said 'Kenya is more important and urged Uhuru to reunite all Kenyans and uphold constitutionalism'. He also disagreed with the court but he also noted that their decision is final.[14] However the next day he Told BBC that he will seek peaceful ways to end a row over poll results.[15]

President Swearing in Ceremony[edit]

The swearing in ceremony of Uhuru as president and William Ruto as deputy president was held on 9 April 2013. According to Article 141 (2) (b) of the constitution says that in case the Supreme Court upholds the victory of the president-elect, the swearing in will take place on “the first Tuesday following the seventh day following the date on which the court renders a decision declaring the election to be valid.”,[16] The event was held at Kasarani Stadium.


  1. ^ http://www.kenyalaw.org/klr/index.php?id=800
  2. ^ All Africa .Kenya: Text of Supreme Court Decision Upholding Election Results [1]
  3. ^ Supreme Court blow for Cord as judges reject new evidence. . Business Daily . March 26, 2013 [2]
  4. ^ Supreme Court rejects Raila's application for IEBC IT system audit. Daily Nation. March 26, 2013 [3]
  5. ^ Court Rejects Africog’s Manual Voter Register Application. Citizen TV
  6. ^ AfriCOG Question and Answer about the Electoral Petition
  7. ^ Summary of CORD's petition. Standard Media
  8. ^ CORD Reply to Affidavit.[CORD Petition: Summary of the Substance of the CORD Response to Defence Teams of IEBC, Uhuru Kenyatta and William Ruto][4]
  9. ^ Nullifying poll results could spark a crisis, electoral body boss warns Standard Media acc date 2nd may 2013[5]
  10. ^ All Africa .Kenya: Text of Supreme Court Decision Upholding Election Results [6]
  11. ^ Full Ruling [www.kenyalaw.org/klr/fileadmin/pdfdownloads/Petition_No.5of2013_Full_Judgement.docx]
  12. ^ All Africa .Kenya: Text of Supreme Court Decision Upholding Election Results [7]
  13. ^ PPS. Supreme Court’s judgment a victory to all Kenyans: Uhuru
  14. ^ Raila accepts Supreme Court verdict. Standard Media
  15. ^ Kenya's Raila Odinga 'to continue struggle peacefully'.BBC> [8]
  16. ^ Inauguration ceremony on April 9th at the Kasarani Stadium

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/The_Kenya_Presidential_Election_Petition_2013 — Please support Wikipedia.
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