Following the annulment of the initial poll, the IEBC ordered that fresh voting be held on October 26th. The opposition leader, Raila Odinga, announced his withdrawal from the elections citing lack of reforms, he claimed necessary to render the re-run free and fair. The latter was held in a toxic political environment. In 25 constituencies, where many voters felt marginalised and violent clashes occurred, the voting was not held up to date. The incumbent was declared winner, and a Public Interest Litigation petition was filed to challenge the results. The Court examined the petitioners’ allegations against the constitutional standard of “free and fair elections”; it took a perspective of a “right to vote” and state’s positive obligation to secure it. Having placed the entire burden of proof regarding the alleged irregularities on the petitioners, it dismissed the petition. Odinga refused to honour the elections results. But did the Court have any chance to rescue the elections?
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