Recently Concluded and Ongoing PIL Precedent Setting Cases
Raila Odinga & 2 others vs IEBC & 3 others (2013)e klr
|Concluded||The case dealt with the question of election disputes over results and accompanying issues around elections. This case was set off by the 2013 presidential elections.|
|OTHER 2013 ELECTION PETITIONS||Concluded||Two other elections petitions at the High Court are quite interesting. Richard Kalembe Ndile & another V Patrick Musimba Mweu & 2 Others  eKLR which was before justice David Majanja. Justice Majanja held as.. After the recount, it is clear that Kalembe emerged winner with the most votes. Consequently, the germane issue for this court’s determination is whether Kalembe should be declared the duly elected member of the National Assembly for Kibwezi West Constituency in view of section 80(4) of the Act which permits this court to direct the electoral body to issue a certificate of election if upon recount of the ballots cast, the winner is apparent and has not committed an election offence.|
|Petitions on who can declare an individual an election winner||Concluded|| The other case is, Election Petitions No .2 of 2013, Independent Electoral v. Zebedeo John Opore John Oroo Oyioka and Petition no.4 of 2013 Zebedeo John Opore Nyabaro Onditi , Justice Ruth Sitati became the first judge to declare a petitioner as the winner following a successful petitioner in Bonchari constituency in Kisii County. At the center of controversy was only five votes In the election held on the 4th of March 2013, there were 11 candidates but the contest was between Zebedeo John Opore who got 8992 and John Oroo Oyioka who garnered 8987 votes.
While most of the decision of the High Court followed the jurisprudence as set by the Supreme Court. The Court of Appeal appears to have interestingly distinguished the decision of the Supreme Court. The Supreme Court appeared to have been in favor of the quantitative test while the Court of Appeal has leaned on the emphasis of the qualitative test in determining the election petitions. In Dickson Mwenda Githinji v Gatirau Peter Munya & 2 others  eKLR, the Court of Appeal overturned a decision of the high court that had relied on the quantitative test in favor of qualitative test.
This was the same fate that befell the Migori petition of Edward Akong’o Oyugi v Independent Electoral and Boundaries Commission & 2 others  eKLR. The two cases have however been taken to the Supreme Court raising questions as to whether the court can entertain all manner of appeals from the court of appeal. Civil application no. 7 of 2014 Zacharia Okoth Obado Edward Akong’o Ayugi . The Othaya case that was decided at the Court of appeal has also gone to the Supreme Court.