Elections Act

83. Nullification of an election.

Edition: 2022-12-31 · In force

83. Nullification of an election.

(1)A Court shall not declare an election void for non-compliance with any written law relating to that election if it appears that—

(a)the election was conducted in accordance with the principles laid down in the Constitution and in that written law; and

(b)the non-compliance did not substantially affect the result of the election.

(2)Pursuant to section 72 of the Interpretation and General Provisions Act (Cap. 2), a form prescribed by this Act or the regulations made thereunder shall not be void by reason of a deviation from the requirements of that form, as long as the deviation is not calculated to mislead.[Act No. 34 of 2017, s. 9.]

Case law referring to this provision

Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) (Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)) [2022] KESC 56 (KLR) (Election Petitions) (26 September 2022) (Judgment)
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 42 (KLR) (Election Petitions) (20 September 2017) (Judgment) (with dissent - JB Ojwang & N Ndungu, SCJJ)

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Source: Kenya Law