Petition: Summarised dissenting opinion of Supreme Court Judge Ojwang

Supreme Court Judge Ojwang (L) with colleague Njoki Ndungu (PHOTO: File)

[1]    It is not necessary in this summarized Judgment – which is to be followed by a fully detailed and reasoned decision on an occasion already signalled by the Chief Justice and President of the Court – to give the comprehensive facts, submissions and legal principles bearing upon the instant petition.

[2]  The important petition, which seeks the annulment of Kenya’s Presidential election results emanating from the General Elections of 8th August, 2017, is focussed on a limited number of contentions: (a) that the said Presidential Election was not conducted in accordance with the relevant principles of the Constitution;  (b) that the said Presidential Election was compromised by certain illegalities and irregularities;  (c) that, consequently, the said General Election lacked integrity, and ought to be invalidated.