Summary Grounds of the NASA Petition

The Constitution of Kenya affords any party contesting the validity of Presidential Elections the liberty to do so by following the due process of the Law. This should be by way of Petition, which is filed at the Supreme Court of Kenya, the highest court in the land. This should be within seven days after the declaration of the results of the presidential elections.

The National Super Alliance (NASA) has moved to the Supreme Court to challenge the recently concluded presidential elections. The Petition by NASA is premised on the following grounds:

  • The process of relaying and transmission of results from polling stations to the National Tallying Centre was not inaccurate and was conducted in a manner that was not simple, transparent, and verifiable or secure, in contravention to the provisions of article 81 of the Constitution of Kenya.
  • The voting, counting and tabulation or results failed to meet the threshold enshrined in article 86 of the Constitution which provides for the proper counting tabulation and collation of votes. 
  • The existence of illegal, gazetted and undesignated polling stations from which results were added to the results of the final tally thus contravening the Elections Act and the IEBC Act.
  • Forms 34A and 34B which bear the tabulated results of an election for the President from a polling station to the constituency tallying centre and to the national tallying centre were materially tampered with, resulting to improper and invalid returns.
  • The IEBC (1st Respondent) gave its officers inconsistent and contradictory instructions regarding identification, voting and delivery of results occasioning irregularities and improprieties in the final tally.
  • There were discrepancies in the numbers of rejected and spoilt votes as displayed in the public portal of the IEBC.
  • The elections were characterised by intimidation, corruption and compromise resulting to inaccurate and misleading information to the public.

Based on the above grounds, NASA now seeks the nullification and invalidation of the just concluded presidential elections, orders for fresh Presidential Elections among other prayers. The Supreme Court will hear and determine the Petition, after which a final judgment will be issued at the end of the week.

Melissa Lukulu is an Advocate with the EACLJ

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