In 2010 Kenyans gave themselves a new constitution which ushered in a new ways of conducting elections emphasising transparency, accountability and verifiability of election results. This are anchored in Article 81 of the 2010 constitution. Kenya has held elections under the new 2010 elections twice i.e 2013 and 2017. In both 2013 and 2017 the elections were characterised with election malpractice and the results highly contested and ended in the Supreme Court. In 2013 the Supreme Court rendered a decision which was highly criticized on grounds of lack of consideration to the constitutional principles of election. In 2017 the court tried to play fidelity to the constitution by employing the inquisitorial approach and ended up making a decision to annul the presidential election on ground of non compliance ,transparency and verifiability of the election. This paper will delve into the approaches applied in both decisions.
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