Invalidating an election
In this appeal case, the Court cautioned that the results declared at the polling station in any election are final.
The opposition has not queried any result from any polling station so far, and yet the polling station is where people cast their vote, and it is where that vote is counted in the presence of all representatives of political parties. The polling station is the heart of an election, and only what happens there can uphold or nullify an election result.
They wanted to know whether the election was conducted in accordance with the Constitution and the law, whether there were irregularities and illegalities during the conduct of the election, and if such irregularities and illegalities occurred; what remained of the integrity of the election. Justice Ndugu’s answer to these three questions is that the election itself was indeed conducted in accordance with the Constitution and the law.
The opposition belatedly petitioned the Supreme Court on procedure and the law.The opposition has challenged none of the results counted and agreed by the agents at the polling stations.Rather the opposition put up a fierce fight to challenge how the results were transmitted from the polling stations to the National Tallying Centre, capitalising on identified instances of inconsistencies with the dictates of the electoral law.In this instance the collective view of the observer missions was that the election was free, fair, credible and peaceful.The only justifiable excuse for nullifying an election result declared free, fair, credible and peaceful is compelling evidence pointing towards altering the outcome of the election in question.