Jared Odoyo Okello v Independent Electoral & Boundaries Commission (IEBC) & 3 others [2013] KEHC 2105 (KLR)

Facts

The petitioner and the 3rd respondent were members of the ODM party seeking the party ticket to contest the parliamentary seat. The petitioner defected to Ford Kenya party after the nominations were not carried out. The election was conducted by the 1st respondent.

Issues

1. whether or not the petitioner could contest the validity of the nomination process culminating in the election of the 3rd respondent
2. whether there was failure of the Biometric Voter Register (BVR), Electronic Voter Identification Device (EVID) and Electronic Results Transmission System (ERTS), and whether the failure substantially compromised the integrity of said election
3. whether there were election malpractices and offences committed during the election and whether such compromised the integrity of the election
4. whether the 3rd respondent was validly elected in accordance with the Constitution and electoral laws
5. whether the petitioner was the one who validly won the election
6. who was to bear the costs of the petition

Reasoning

The petitioner's evidence regarding the irregularity of the 3rd respondent's nomination was not supported. The evidence of broken seals and ballot stuffing was denied by the Commission. The court found the election substantially conducted in accordance with the law.

Outcome

The 3rd respondent was confirmed as the validly elected candidate.

Authorities cited