What remedies are available in the first instance?
Kenya
- Total recount of results
- Award of costs
The ElectionsAct No. 24 of 2011
Date ofCommencement: 2nd December, 2011
Section 80(4) (4) An election court may by order direct the Commission to issue acertificate of election to a President, a member of Parliament or a member of acounty assembly if—
upon recountof the ballots cast, the winner is apparent; and
that winner is found not to have committed anelection offence.
Section 84.An election court shall award the costs of and incidental to a petition andsuch costs shall follow the cause.
In thecase of :petition no.5 of 2013 between Raila Odinga and the independentelectoral and boundaries commission et alwhich was a petition challenging the election of the president elect after the 2013 general elections in Kenya. Thecourt issued the following orders..........
1. Petition No. 5 of 2013 in the ConsolidatedPetitions be and is hereby dismissed.
2. Petition No. 4 of 2013 in the ConsolidatedPetitions be and is hereby dismissed.
3. Petition No. 3 of 2013 in the ConsolidatedPetitions, and with regard to the prayer forOrders for the re-computation of
vote-tally percentages by the 2 Respondent, is declined,for want of jurisdiction.
