Election Petition - Case Study

Friday, November 16, 2018

This week we study the case of Mbaakanyi vs The Independent Electoral Commission. It was a matter before the High Court where an unsuccessful candidate brought an election petition seeking orders declaring the verification and counting of ballots improper.

She further sought an order directing the High Court to oversee a recount. The Respondents objected, arguing that the relief she sought was not recognised by law. I will focus on the key principles learnt from that case as opposed to its facts.

The court observed that because of the potentially disruptive effect of “successful election petitions on the affairs of State, “election petitions should not be embarked upon lightly.”

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