Judgment on Tallying of Presidential Votes by the Court of Appeal

Yesterday, the 23rd of June 2017, the Court of Appeal sitting in Nairobi made determination on an appeal that will have great impact on the General Elections on 8th of August 2017. The Five Judge bench composed of  Justices of Appeal Makhandia, Ouko, Kiage, M’Inoti and Murgor ruled that Presidential votes tallied at the constituency level are final. The Petition had been lodged by United Nations Rapporteur Mr. Maina Kiai at the High Court where High Court Justices Muchelule, Korir & Mwita, ruled in favor of the petitioner. The Independent Electoral and Boundaries Commission then appealed against the High Court decision, precipitating this present ruling.

Katiba Institute was involved at the High Court as Amicus Curiae (friends of the court) in carrying out its mandate to promote constitutionalism and rule of law.In our neutral capacity we offered our expertise to the Courts in helping it arrive at a decision. To know more about this decision, please read the judgment here .


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