What remedies are available in the first instance?
Kenya
- Annulment of results / Cancellation of elections
- Award of costs
The Constitution of Kenya 2010
27th August 2010
Article 140. (3) If the Supreme Courtdetermines the election of the President elect to be invalid, a fresh electionshall be held within sixty days after the determination.
http://www.kenyalaw.org/klr/index.php?id=741
The SupremeCourt(Presidential Election Petition Rules, 2013 No.155 of 2012
Commencement 1stFebruary,2013
22. (1) At the conclusion of the hearing of an election petition, theCourt may make an order— (a) dismissingthe petition;(b) declaring theelection of the President-elect to be - (i) valid; or (ii) invalid. (c) invalidating thedeclaration made by the Commission under Article 138(5) of the Constitution;(d) on payment of costs;(e)as it may deem fit and just in the circumstances.
In the case of petitions challengingthe election of the president electafter the 2013 general elections in Kenya, the court issued the followingorders:
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.
4. Each party shall bear their own costs.